Delhi High Court
Padam Kumar vs Dr Ajay Kumar, Ias & Ors on 5 June, 2020
$-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.06.2020
+ CONT. CAS. (C) 256/2020
PADAM KUMAR ..... Petitioner
versus
DR. AJAY KUMAR, IAS & ORS. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Nitin K. Gupta, Advocate
For the Respondent: Mr. Nikhil Goel, Standing Counsel with Mr. Dushyant Sarna,
Advocate
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner has filed this petition contending that Respondents have
failed to comply with order dated 29.01.2020 passed in Writ Petition (Civil)
9401/2019.
3. By order dated 29.01.2020, the Division Bench had directed as
under:
"4. In view of the above clarifications, the following
directions are issued:
(i) The second stage advice of the CVC will be rendered
not later than 28th February, 2020.
(ii) The DA's final decision thereafter will be taken not
later than 31st March, 2020 and communicated to the
Petitioner not later than 15th April, 2020.
(iii) In the event that the Petitioner stands exonerated in
the enquiry, all further steps of granting the
promotion, if recommended by the DPC held in 2017,
will be taken and orders issued accordingly within 15
days of such exoneration.
(iv) In the event that the Petitioner is aggrieved by the
order passed by the DA, it will be open to him to seek
appropriate remedy in accordance with law."
4. It is contended by the Petitioner that the petitioner was exonerated in
the enquiry and the CVC opinion is in his favour and despite that Petitioner
has not been granted promotion by the Respondents.
5. Counter affidavit has been filed by respondent nos. 1 to 3. It is
stated in the Counter Affidavit as under:
"16. It is submitted that the Exoneration Order of the
officer as issued vide Government of India, Ministry of
Defence, D(Vig) (MES&BRO) Order No.
02(04)/BRO/20165/D (Vig)/436 dated 24.04.2020, was
received by E1D (DPC) Section from HQ DGBR/D&V under
their letter No. 17008/1520/DGBR/PK/22/E1E dated
27.04.2020 which was perused by the Competent Authority in
HQ DGBR on 28.04.2020. On receipt of the Exoneration
Order from HQ DGBR/D&V, action for processing the
proposal for opening of sealed cover of the petitioner for the
DPC for the year 2017, was taken on priority. It is further
submitted that fresh vigilance clearance status of the officer is
required for this purpose and the same was sought from HQ
DGBR/D&V Dte on 29.04.2020 and the vigilance status was
received on 30.04.2020. Immediately on receipt of the
vigilance status from the HQ DGBR/D&V Dte, the proposal
for opening of sealed cover was submitted to Ministry of
Defence on 01.05.2020. As already mentioned in reply to
paras 1 and 2 above, further action is already under process
in the light of recommendations of DPC having been made
known after opening of sealed cover.
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21. It is further submitted that approval of the Minister of
Defence has since been obtained for acceptance of the
recommendations of the DPC held on 04.09.2017 in respect
of Shri Padam Kumar, for promotion to the grade of Chief
Engineer(Civil) in BRO for the vacancy year 2017-18. The
case has been forwarded to DOPT for obtaining ACC's
(Appointments Committee of the Cabinet) approval."
6. Learned counsel for respondent nos. 1 to 3 submits that the case of
the petitioner has been duly processed and the case has been forwarded to
Department of Personnel & Training ('DoPT') for obtaining the approval of
the Appointments Committee of the Cabinet (ACC).
7. Learned counsel appearing for the petitioner submits that as per his
instructions the file has been forwarded to the DoPT only on 01.06.2020.
He further submits that in case the petitioner is not cleared for appointment
and is not appointed to the post of Chief Engineer (Civil) before
30.06.2020, it may prejudice the petitioner with regard to his subsequent
promotion to the post of Additional Director General, Border Roads
because his date of superannuation is 30.06.2021.
8. The Counter affidavit states that all steps that had to be taken at the
end of the respondents have been taken and the file has not been sent to
Department of Personnel & Training ('DoPT') for obtaining the approval of
the Appointments Committee of the Cabinet (ACC).
9. In view of the counter affidavit, no case is made out for initiating
any proceedings under the Contempt of Courts Act, 1971 against the
Respondents.
10. However, keeping in view of the facts and circumstances,
specifically the fact that the departmental inquiry related to an incident of
2008 - 2009 and charge sheet was served on the petitioner only in the year
2017 and the petitioner has since been exonerated, I deem it expedient to
direct the DoPT to expedite the processing of the case of the petitioner for
promotion to the post of Chief Engineer (Civil).
11. The petition is disposed of in the above terms.
12. List on 25.06.2020, on which date Respondents shall place on record
the status report of the progress of the case.
13. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsel for the parties.
SANJEEV SACHDEVA, J
JUNE 05, 2020
'rs'
