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Judgment
Pratima K. Gupta, Member (J)
The applicant is aggrieved by the impugned order dated 09.06.2025 whereby the cause of the applicant has been rejected by the respondents.
Mr. MK Bhardwaj, learned counsel for the applicant explains that in terms of the directions of the Tribunal in O.A. No. 3336/2022 decided on 28.11.2022 the respondents are in the process of conducting the review DPC pursuant to the notification for LDCE dated 06.09.2018 (Page 63). He submits that the cutoff date for the notification was 08.10.2018 and evidently, the APAR for the relevant period has been considered. However, the respondents are in the process of proceeding ahead with the review DPC by considering the APAR for the period 2018-2019 which is post the cutoff date illegally and arbitrarily.
Accordingly, learned counsel for the applicant prays for grant of interim relief as set forth in para 9 of the O.A. which reads as under:-
"9.1 Applicant has made out a "prima facie" case for admission and grant of interim relief and in case the same is not granted Great harm, loss and prejudice will be caused to the applicant. On the contrary, no loss, harm or prejudice will be caused to the respondents.
9.2 Following interim reliefs are therefore prayed a Pending hearing and final disposal of this Original Application this Hon'ble Tribunal may be pleased to order and direct the Respondents not to consider the APAR's for the year 2018-19 in Review DPC and the STAY the impugned orders dated 09.06.2025 to the extent only
b Ex-party ad-interim and interim orders in terms of prayer 9(a) above; and
c Pass any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstance of the case."
Notice on the prayer of the applicant for interim relief was issued on 08.07.2025.
Mr. A.K. Singh, learned counsel for the respondents upon instructions from Mr. Sumit Kr. Verma, CLA and Mr. Govind Rai Meena, OS, Security Cell, who are present in Court submits, one Mr. Ravi had approached the Tribunal by way of O.A. No. 3336/2022 wherein the Coordinate Bench of this Tribunal had directed the respondents to convene a Review DPC and reconsider the cause of the applicant therein.
The order of the Tribunal passed in O.A.No.3336/2022has been confirmed by the Hon’ble High Court of Delhi and an associated C.P. is pending before the Tribunal which is coming up for consideration on 21.07.2025.
Learned counsel for the respondents submits that in the C.P. personal presence of the officers has been called for. Therefore, the respondents are in the process of convening a Review DPC on or before 21.07.2025 in order to comply with the order of the Tribunal in O.A. No. 3336/2022.
Learned counsel for the applicant explains that the respondents are at liberty to convene a Review DPC in light of the directions of the Tribunal in O.A. No. 3336/2022 dated 28.11.2023, however, they are bound by the rules and instructions on the subject and the notification dated 06.09.2018 pursuant to which the LDCE was conducted.
Learned counsel for the respondents upon instructions from the departmental representative submits that the Review DPC would be convened strictly in accordance with the rules and guidelines on the subject.
At this stage, learned counsel for the applicant points out that the precise relief sought in the O.A. is as follows :-
“(i) to pass an order to quashing the impugned order/communication dated 09.06.2025 (A-1) and also declare the action of respondents in not conducting the review DPC as per Railway Board guidelines /rules in which considering the APAR should be ending year 2015-16, 2016-17, and 2017-18 i.e. before the date of notification as illegal and Direct the respondents to assess the suitability in review DPC scheduled for promotion to the post of Welfare Inspector on the basis of APAR upto 2017- 18 as per due norms/Rule of GOI as urgent basis.
(ii) To declare the action of respondents in taking into consideration the APAR for the years later than notification dated 06.09.2018 issued for promotion to the post of Welfare Inspector as bad in law and issue consequential directions to consider APAR's proceeding the notification dated 06.09.2018 for promotion to the post of welfare Inspector and grant all consequential benefits to the applicants
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”
Learned counsel for the applicant submits that in light of the instructions received by the learned counsel for the respondents the O.A. could be disposed of.
In view of what has been recorded hereinabove, the O.A. stands disposed of.
Order dasti.