In government service promotion disputes, courts examine whether the administrative authority has followed proper procedures and applied lawful considerations. When a show cause notice is issued but no disciplinary proceedings are initiated, the mere issuance of such notice cannot be a valid ground for denying promotion. The principle of 'merit comes seniority' requires that candidates be assessed on merit while respecting their seniority, and administrative authorities must exercise their discretion fairly and impartially. Courts may interfere when promotion decisions are arbitrary, discriminatory, or based on unlawful considerations.
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11.05.2026 - Court Room 2 Live StreamAñadido:
Back to mention one unlisted matter for tomorrow my lord. This is a transfer >> emergency >> my lord. Uh here the petitioner suffers from 60% locomotive d the stability my lord and he is a personal who is serving in an asam rifles my lord. Present post of posting the present place of posting is also on a medical ground my lord.
>> Where is he posted now?
>> Uh he's posted at Assam rifles training school at now the pres now he has been asked to go to 7 which is in Changang district pradesh is a district area.
depot he has been there for 2 years my lord now movement orders issued >> movement order has been issued my lord >> so there is a my lord >> when the movement order when was issued when we when supposed to move >> he's supposed to move immediately my lord he's supposed to now what happened is my lord there is an office memorandum my lord which says that a normal transfer order will not be applicable there's been exemptions to a person suffering from you I have already informed Please ship uh I would like to make a mention of item number 41.
>> Item number 41.
Who's other side?
>> What's the matter about?
>> Uh it's relating to the appointment of arbitrators for the work.
>> This is that this is a delete matter.
Delete. Why you joining it again again?
Who's who's there? argument.
>> So I'm praying if this if matter can be listed after 2 days after >> this is you can't even you know it reflects very badly on the doctor. Yes after 2 weeks.
Yes.
Me item number 38 and 43 my lord can it be taken next week my lord >> 38 >> and 43 me 38 item >> this is appearing for >> 38 I have in Mr. M so 38th and 43 minute next week my yes >> please your lordship I beg to mention item number 36 and 37 both the connected matters >> bishop >> yes >> what's the reason >> conducted council is not keeping up well lordship >> yes Yes. Yes. Yes. Yes.
>> Yes.
May I please Yoshi are back to mention item number 35. Uh learn council is supposed to appear on online through VC but due to connectivity issue is unable to connect. Mr. Jindel. So therefore I humbly pray your rash may this matter come up next week. You appear for the petitioner.
>> Okay. Yes. after one week.
>> Much pleasure number 39. Y seek the consent of the other side. Y lordship since >> why you have personal difficulties.
>> You don't have the courage to come to court physically also for this matter.
>> No no no that's not the reason I have some personal difficulty.
>> Yes.
>> After one week l okay no objection.
>> No objection. The state was supposed to file report lo I'm praying for weeks time or not.
>> Okay. You take down the request of Mr. Maran. Let the matter appear after one week. Mr. Janja also submits that the status report will be filed within >> one week.
>> One week. Yes.
>> All right.
>> Yes.
Item number one uh lo order dated 2124 2026 this matter was moved lo and lo in order was granted and respondents were supposed to enter appearance lo I'm appearing for respondent number one number one one is >> one is the chairperson lo of question >> appointed introspect of respondent number three lordship >> there is committee okay >> what about two and three >> lordship there's I have checked from the online lo portal it's still in transit >> yes Mr. AR has entered appearance today on behalf of respond number one.
However, regard to respondents number two and three and three uh service is not yet complete. You want to file affidav one week? One week's time to file affidate after one week for uh affidate where number one and for service report if any >> on settlement of seniority of the petitioner petitioner in spite of submitt submission of representation which is pending with the with the authorities.
which is still pending with the authorities. Earlier recruitment rule was not there. Subsequently after after long after his appointment after a long time the recruitment rule was issu prepared my lord and published now he seeking for settlement of his seniority your lord at this stage I asking for a notice my lord.
>> Now the representation's been disposed.
No pending to nothing.
>> You take notice. You take instructions.
Yes. But Mr. Mchenda council uh is notice Dr. Embuja with MS C Jal present on behalf of all the respondents. No further notice required this after 2 weeks. Two weeks for instructions/ three.
May I please I pray for some time for this matter to prepare our chart >> by what happened >> we are preparing real ship not yet ready >> preparing what you preparing >> the chart >> the chart Dr. What?
What? So what what is for today?
>> But this is how >> just what >> this is.
>> If I may.
>> Yeah, there's some uh confusion with regard to the chart which we had placed on the last occasion.
>> So far as the land owner's name is concerned and the measurement of the land, the lordship has directed us to prepare a comprehensive chart.
That's not necessary. It is necessary for education. But I'm state is minist 263 2026 for people. Let's see.
Yeah to indicate the correct pls Mr. The emblem of you place for further 1 week's time.
>> One week's time >> to prepare the chart which is allowed by the order dated 263.
>> Got it.
>> 2026.
>> Yes.
>> Oh.
My pleas lordship we are only on the technical ground my lord that whether the delay can be condoned where a specific time frame has been given for conducting a DP and an extension can be granted my lord subsequent >> he's present >> where is he on division matter will be taken up by the end of the bond >> after some time I don't wife please lord pray for some time your lordship I'll be filing it in the course of the day your lord >> just to expedite the matter lord he may be called and the matter may be fixed next week for evidence lordship >> ma'am ma'am it's frankly it's just a waste of judicial time these election matters They ought to do it more serious for the reasons to get it next week.
>> Just after one week respondent number six yet to file the FD. So I'll be filing the together with the respondent number six. Wednesday.
Ei did you file accord?
>> Yep. When did you file it?
>> We filed it on >> in the month of February. PS number six uh with the sangbar uh is free allowed to extend the joint to the five.
>> Yes.
What's >> seven to rejoin? I'm praying for another one time.
>> How many times you prayed? Only once you have served time.
>> Yes.
>> For the two weeks time as >> petitioner number five. Petitioner number five meal. He passed away. So >> he passed away.
>> He committed suicide. Malot unfortunately.
>> Oh. What's the matter about >> nonp payment of salary? Malot.
They have not been paid since March 2024 till date. Mad. They're working as road roller. Mot employee slship.
Number five is Maling.
You want substitute him? My lord, I have I have been informed that the wife doesn't want to pursue the matter. So, >> okay. Um here at the outset is MS council for the petitioner informed the court that the score number five has since expired.
>> Petitioner number five. Reason number five is expired. He prays that we be struck off from the rear parties.
Upon a query from the court as to whether as to whether any legal heir is willing to pursue the matter submits that on instructions the wife of disease is not willing to pursue the matter any longer. Accordingly uh number five struck of next of parties registered to make the necessary corrections in the course of the day. Uh further prayers made for finally join the be by the state respondents. plays allowed up to Lord >> 8 please lordship lordship earlier we had taken some time to file rejoinder but on careful perus we wish to withdraw the petition with the liberty to file a fresh because the it appears from the >> a so it appears that we had paid for DPC and now it appears from the affidavit method that they have made a provin ional creation list where I have been superseded that a prayer that he to withdraw the instant petition file a fresh >> yes prayer m withdrawal our devity has prayed granted >> published nine Yesip lordship. Uh in this matter affidavit in opposition is yet to be filed. Lordship, >> where's Mr. Biki Singh?
You're for Piki Singh. You're apping for >> No, Lord. I am for the petitioner. Lord Singh, >> the petitioner. Where's Mr. Bey Singh?
Who's appearing for him on his behalf?
>> Your MSM MD. Yes, sir. No lordship. I am B Sarma.
>> Okay. Sorry. MSB S.
Uh, none appears on behalf. What about union?
>> No, I believe it. Yes. Uh, none appears for contesting respondents two and four. Um, stop. Mr. be kissing when council for the set respondents on 20th 04 2026 had prayed for further two weeks stand for a which is allowed.
However, >> however today the afid is not yet on board. Uh in interest of justice however let the matter appro after two weeks interf station he's having Um emergency.
>> Yeah. Number four.
>> Four and seven.
>> Four is >> four is a pollution control board.
>> Control board. Then seven.
>> Seven >> is the municipal court.
>> Eight is a KD council.
>> Who's appearing for eight?
and nine >> your four >> ma for respondence one 1 2 3 5 and six prayers for you only affidate >> no no I'm praying for weeks time >> please pray for further one week's time to file affidate the prayers aloud affid on behalf respondent number four it's already been filed >> seven four and seven is already on None appears for number eight nine you filed >> nar made by Mr. ML for week stand for rejoinder your trip to rejoinder to respond number allowed one week's time file rejoinder to the after file by respondent 47 after one week 11 lordship I'm praying for some more time to file our aid with lordship we've recently receive instructions >> verify matter >> what's the matter about >> lordship this matter is pertaining to custom lordship um my vehicle is been lordship See >> Caesar >> custo lordship. Caesar >> your truck's been released or not >> provisionally released lordship but um the security deposit I have paid that has not that has been appropriated. However lordship no so cause notice no order in original was issued to me. It was against totally against driver but Lord >> but this happened as far back as 2019.
Yes. Anyway, you file. Yes.
>> Why? Why you can't find a such a long old matter? Yes. Ms. Emirates for allowed for the two weeks time for expected next date. The approach should be on board. Yes. Hi obliged.
Not here. I'm praying for a week's time.
How many times you praying? Not >> uh I think four times of last time maybe given a lot.
>> Some clarifications are my standing is already clear.
>> One second. Uh, one second.
The matter has been settled. You don't know about that.
>> No, no, you're watch not.
>> You're not present.
>> No, you lo >> Yes.
Uh it is noted that the incident matter has been settled before the national guard which was held on 9 m 2026.
Accordingly, the matter has done disposable in terms of proceedings locality. How come you wouldn't know?
It's not informal as well.
Please ship. Fellowship, we have received a copy of the file by the respondent number four. Yellowship 1 to4. So I'm praying for two weeks time to file the rejoiner.
>> You filed by whom?
>> Yes. Lordship.
>> Filed by whom?
>> 1 to four. Your lordship.
>> Respondent number three. Lordship.
>> What about 5 to7?
They said they would they won't be filing your They said they wouldn't be filing your only filing filing.
>> We are paying for whom? I >> I apologize. Lord, wrong key.
>> We file your law.
>> Yes.
>> Yes. Uh Miss Tian Mar council please allow to file a joint to file by 124 of the two weeks.
>> Mr. 14.
>> Yes.
>> Yes. My lord, I have filed additional evid on uh 6 65 20.
>> What do you want to bring on record?
Well, this epidemic for uh the learned senior council um approached this that the matter already approached by the petitioner in the court.
>> Yes.
>> Yes.
for clarification. What have you said in your opinion that uh my lord my is this my lord that petitioner earlier approached this court but against uh advertisement that of 2024 earlier advertisement subsequently my lord another advertisement was published in the year 2025 my lord and against that al has been filed by the petitioner uh clarifying the clarifying the the fact clarifying that there's no suppression of filing of the earlier petition.
Next paragraph em how much time?
>> Two weeks later about two weeks for a time to the main petition. Yes.
>> 15 I have received the await file by the state.
Yeah. uh melot actually we have I've come before this court not due to non-disclosure of the deaths and securities in the they have not disclosed the deaths and securities of the deceased >> you are the we have two wives involved >> two wives involved in >> you won't because the limited prayer of the petition is just to disclose the depths and security fees and we are ready to settle the matter only the depths 50s have to be disclosed. The family number four has a minor daughter.
So just for the financial benefits of the minor daughter, we have no >> l if I may. The problem is in our records there's no settlement between the two parties.
>> I mean regarding the death securities are due to the deceased employee.
>> So so they want the they want the information lordship but in our records there's a contested there's still a contested case. If they were to come if I were to advise >> we have clearly mentioned in our in our repetition mentioned >> lordship if you're if I may refer your lordship to the >> officer who's the officer who's the principal of the educational and training institute tadlas the respondent number three is refer the matter to the median also we cannot settle without the amount >> yes you get the instruction with the Lord ships my instructions are to this extent that if they would come with a uh joint application for dulgence we we would be happy to diverge application there's no question if they here before the court they not is before the court is a court of record you want them to go before the some principle to make to >> Lord if I may just if I may just point out the language used in the arithmetic is ambiguous even now >> no it's that's not acceptable yes sir >> lordship if I if I may just Just just a language at par 14 if I may refer your lordship to parap 14 >> of the reputation it's a matter regarding the terminal benefits >> it's the lordship we are happy to divulge the information except that it's the language use it's ambiguous paragraph 14th last line it says that the petitioner is ready to settle the matter with respondent number four and five but is the respondent number four and five ready to settle the matter with the petitioner the averment is uh actually ambiguous It does indicate that the petitioner is ready to settle the matter of the respondents but not the vice versa.
>> Take take down an accurate have been filed today by the state respondents uh uh particularly respond number three who stated to be the principal of district institute of education and training west Mr. ARS at Len Council petitioner has however has has however pointed out to the court that though the petition is for for uh for issue direction for directions to issue to the respondent to disclose the amounts term amount involved affidate is silent on this part stop. It is further submitted by another consent petitioner that the parties that is the petitioner and the respondent number four are ready to settle the matter out of court and to share the >> terminal benefits. Stop. Uh Mr. uh syndrome appearing for 145 also has has uh has also endorsed the submissions made by the n council of the petitioner stopp in his view the matter is not understood as to why the respond number three is not willing to dulge the amount double benefits due deceased employee to appear the next date to diverge amount uh it is uh further directed that >> instructions be given to the council or the number three appear person or next date to divulge the amount or to disclose the amount >> if if I might your lordship I I do have the amounts with me if your lordship directs me to divulge it I I would I would do that without the appearance >> lordship there is ambiguity in the uh I would stress there is ambiguity in the >> a Yes. Who to file a CND with within one week? Yes. As to the exact amount. Use wait.
I may be given two weeks time to find my contact. I have received paras command from respond number six. I feel that after going to the parvis commit David from respond number two yes from respond number 10 yet to receive >> I don't understand anything you see who was given who has not given >> respondent number five has given the parvis command after going through the parise command I it's I feel that respondent two is the party to fif what is that >> respond two >> what's the matter about >> this matter pertains to regularization of Which department?
>> Personal department spending before personal department. Yes.
>> SP number two.
Then you got instructions from Mr. SP number five.
>> Yes.
>> Mr. H. Abraham submits that due to incomplete instructions the affidate will not yet be filed. He prays once a lot. How much time do you waste time to get instruction from the correct respondent and to file a similar prayer for respondent number two?
>> Hello.
>> Yes.
>> 17.
Hey, please. You're not chip.
I'm bringing for 2 weeks time to file the activate. We've received instructions.
>> What's the matter about >> this pertains to family pension?
>> Pension. When is it filed?
>> Your lordship here. There's some confusion with regard to whether the deceased was regularized or not. Your lordship, >> you should have got instructions right now.
>> You've received instructions. Your lordship. I'm praying for two weeks.
Then >> what instructions say, >> your lordship? I uh I've just received the instructions and I've not gone through them.
>> Yes. MSJ in country correspondence 1 2 3 submits instructions just been received from the load two weeks time to find appar for number four just after two weeks >> 18 you pilot by two Okay.
Mr. Lordship Lordship in the last order they 6 65 2026 uh 26 lordship. It has been recorded that the respond still respondent number one three household ask the MPDL respondent number four have already filed their respective aid.
Lordship we have filed our report not report lordship can >> what's it for today >> it's for affids by respondent seven and eight they have already filed launches >> today >> yeah on Friday >> Friday >> what about number eight seven >> seven and eight >> is now eight is they have been completed 7 filed file.
>> When you do on the >> Friday was which day?
>> Friday was the 8th.
>> 8th joiner.
So far as respondent 8 is concerned, they say that they have no grievance against the petitioners company. Roger that has been clearly indicated in the aid the job.
>> The only issue is with the So >> no the only issue that >> you have issues with them >> but they ask for that is the issue >> Mr. normally have no issues with them.
>> Our our grievances with the government were our grievances with the government because we have been facing problems over the years uh with respect to the previous company. So a memorandum was made to the government. Now we are yet to have a dialogue in government >> and Mr. You put that on the record.
>> Yes.
>> And you put on the record whatever grievances you have.
>> Yes. from from my side to suggest it can be false of direct state to organize a dialogue different issue if they have grievances against >> see if you want that's a different forum all together what you're doing is that you are impeding their function although they have been engaged by the MPDCL to do distribution it's not that they there problem yes by a private There is a pilot project >> but there is a huge disreg there other forums also to to deal with page 24 page 24.
>> Yes, this is the letter.
>> Yes.
>> Roger. Can you have page 25?
>> Yes.
will see this table. There are three subdivisions mundra and bulbari can you see the rates >> different rates.
So we need to understand >> this is per unit >> per unit why different rates >> year one year two so it goes up it progresses from four this is moam from 4 rupees to 6 rupees >> yes >> and in and in nagal bibra so 3 to 7 >> higher there 4.9 rupees >> goes to 6.7 they start with 2.82 82 but then in Nagalra starts at three goes up to seven that we don't position >> understand all this >> this this is not a forum for this issue >> anyway uh you file a joiner then to whom >> actually affidate Mr. still has file a report. We file the report. You don't need a >> no lord copy >> because if they say that they have a poor crim to the state lord they cannot seek uh they cannot seek any relief in the repution filed by the >> exactly they cannot they can haveition forum >> to copy the report yes submits that won't be necessary in as much as uh a report >> had already been an anquir What a certain the factual position had been filed before >> on 26 to 2026. Oh, when was it filed?
>> Lord, it was filed received on 26.
>> When was file for the lottery?
>> We received on 26 of the lottery. One second.
has been recorded in the dated 33,26 >> 262 on 33 20 23 a lot. Yes. uh the submission is noted and stuff. Uh however, copies of the CM shall also be served upon the other correspondents we'll do that Mr. Parish prays that he also we to join her to the affate file by respondent number >> 7 and 8 if >> 7 and 8 >> if >> just after otherwise I'm praying for Thursday lo for disposal for Thursday >> sorry this after one week >> on Monday >> just after one week uh today's Monday I suppose yes after one week interd continue if 19.
>> Yes, >> fellowship. I need a two weeks time to file my reply.
>> See, last time you expressed grave urgency.
>> You said we'll file within one week and >> you just received your last >> very urgent this matter and and so we granted you one week them you one week's time only no urgency anymore >> urgency is there we just received so just two weeks time >> 274 >> yes anyway MS PJ was out 2 weeks and file yes >> 20 lord item number 227 Except 24 my lord. Uh are pertains to the selection >> 22 my lord.
>> This is 20 202 >> my lord 27 accept 24 my lord.
>> Your lordship except 24 uh item 20 to 27s are uh >> 24 is one >> 24 is >> matters promotion matter my lord. 24 is promotion matter. What is this matter and remain remaining are selection and appointment my lord.
>> What's this matter?
Where why you not filing affidavit?
>> Yet to receive instructions, your lordship.
>> Yet receive instructions.
>> Yes, your lordship.
>> Where is it from? Where you receive instructions from?
>> Um headquarter DJ Shilong. My lordship.
>> Then tell him what is here.
>> No lordship.
>> Yes. Yes. Yes my lord apologize doesn't want interpologize.
>> Yes. How much time?
>> 2 weeks I lo >> 20 to 23 to 27. Yes sir. MS Jala council Dr. of the respond response allowed for two weeks time uh enter model and to continue to next date and 24 my lord that fit in opposition has yet to be filed my lord >> two weeks time >> in this matter my lord I have some submission my lord respondent I may be allowed to take uh notice on respondent number four my lord respondent number four is a private respondent my lord >> how do you take you're for a parish you take notice It's one before we are praying for notice. I I think >> we have we have already prayed my lord but in in advertently my lord we have not taken my lord >> right take down embassy jal learned council for the response one to three prays for cancel allowed for the two week stand kumar submits that uh as yet notice as yet uh has yet orders for issued on notice no m submits that orders for issues of notice respond Number four is yet to be issu yet to be passed. We pray that approach is on number four.
Next from the prayers allowed then notice issue number four within 3 days just after two week and for service.
My lord give your lordship >> always worship >> 28 please your lordship this matter was still awaiting instructions lordship I'm praying for another two weeks time to file after >> the fresh matter >> yes your lordship >> has prayed for the two weeks time allowed for I yesterday thereafter >> your lordship I pray that the interim order may be extended there >> yes your lordship order is Mhm.
>> Applies to our 29.
>> Lordship. In this matter, we've received instructions. The red petitioner apparently is a smuggler. He was caught red-handed with his bangolin scales.
>> Who was shot with a shotgun?
>> Yes. With the pellets.
>> Okay. He shot you. He was trying to abscond.
>> He was trying to abscond when a blank shot was fired and then the shrapnels caught him and but he's still awaiting arrest.
>> Arrest still. Yes. We have filed an F.
>> You're awing arrest.
>> Wow.
>> And that surrender today itself. Where are you? Where's the police station?
Great sa. You're the one who got shot.
And the document at NXT 2 which is a negotiation was also made to sign under duress and >> the person who signed it is not even the wildlife forest uh employee.
>> No who shot him.
>> The wildlife the wildlife staff your lordship >> the person who compromised him after shooting him.
>> No your lordship he was compromised to compromise under duress.
>> This respondent number five your lordship. How can you compromise when he's with a criminal?
>> No. The NOS's and some groups came and made him sign that document. Yes.
Where's your Where's Mr. >> And he is not even an employee of the wildlife.
>> He's in other call. We'll take the matter of some time. Okay.
>> It is we can find an asset lo.
>> He's not interested. He's in the hospital.
>> Who's hospital? No, he's been discharged from the hospital. We are not sure. And now this writ petition has been filed claiming compensation reimbursement >> and this there's a warrant for his arrest.
>> There is a warrant for you file also.
Your law >> and he was hospital. Why can't you affect his arrest then?
>> So he's >> he was apparently he is uh supported by the NOS's and the other associates lordship.
>> He's a poacher supported by NGOs. Yes.
That is what is the instructions the NOS's and some uh associates went and got the negotiation annexure 2 under duress from respondent number five who is not even an employee of the wildlife forest of the matter CGM >> we have filed an FI lordship. The matter has been placed before the CGM and now they subsequently they have also filed an FIR just to count 10 days later the petitioner has filed an FI claiming that he was >> you understand what the case is about you understand can you find in one week you find in one week >> you try a lot >> yes mang submitted that uh in fact the petitioner was >> he was apprehended red-handed >> redhanded while engaging in smuggling panor scale and that even the purported >> and he was trying to abscond >> compromise was obtained under duress at the behest of NGOs's he further submits that the petitioner has been evading arrest although FIR has been filed by the forest officials In these circumstances, uh, let be filed within one week, one week by the state respondents. Bring these facts on record on the first of next paragraph. The notice on point number 66 answer as address left address number six. this matter to one.
>> Yes.
>> Go you tell go and go and surrender otherwise.
>> Yes.
>> My lord with regard to the last order we have served notice to respondent number five and six but as per the report notice to respondent number five was returned due to insufficient address. I pray to allow me to uh private respondent Hamlet mil allowed me to verify again the address and >> personal personal notice >> personal by dusty. Yes Lord, I pray that I may be allowed to file counter aid with you. Lordship lordship, I'm enter bearings on behalf of respondent number six. I will be filing the power on the course of the day.
>> Yes, I think uh >> return on sir >> return answer return to sender due to inception address.
Mr. The council for the petitioner appraiser we have to take first step on number five. Uh as the as the notice return unserved in option address further out to he further out to affect service by personal affect affect the mayor to serve >> the service will affect the service better.
>> Yes. Praise the Lord. MSPS number for respondence number >> 1 to4 >> 1 to4 please for allowed how much time >> to file period and MS dingo appearing for behalf of number six and please have similar period just after two weeks or there you want Yes, >> this is the temporary status employees.
The group D post has been abolished. The leading case is listed for hearing. In fact, the hearing has >> 31 and to 34 this connected with 34 minor. He wanted to obtain some instruction. It has been going on for quite long time now. only thing that UGC >> your lordship and appearing on behalf of respondent number two item 31 23 2 33 and item 34 it's fixed for hearing your lordship the main conducting council is having personal difficulty >> uh miss as long so I'm just >> she's not a res of shalom >> she is your lordship but her her mother has been hospitalized your lordship she's requested me only for the day >> okay one week >> one week your lordship yes all these matters much of it 34 also 34 Want to pray of s second call it four H please Lord. I'm before this honorable court only on a very technical ground my lord that the DP which was initiated against me prior to 4 days of my retirement has lapsed 6 month there was no extension as laps laps the DP could not be completed within 6 month time as per the law it is 6 month they should finish the DPO and an extension can be given of another 6 month if there is a uh uh application or or the extension application is filed before the appropriate authority my lord in this case they have not done it my I would like to take my lord to the to the f which they have lost my lord against me case was registered against me my lord there is on page 54 and extra one my lord And in the in the defot I was named however I was not charited at melod is in page 54 melody.
>> What is your name?
>> My name is Brishesh Kumar Thiari PK Thiari. If my lord may kindly see page 66, page 6 54 start uh starting of the charit my lord but the relevant page is on page 66 where they have stated something about me my lord my lord me see page 66 charge charge serial number 18 charge if my lord can escape 18.1 18.2 is relevant for me >> where is the affair named Dr. Dr. Brishes Kumar Tiwari coordinator and so and so core group members of the regional center so and so Nehu Shillong has been referred to the authority of Neu Shillong for initiating a regular DP action for the major penalty for their act of commission and omission amounting to gross misconduct in respect of allegation 1 2 3 and four including submission of the fake bill of 12,000 rupees by so and so in allegation number five. So they have said to initiate a DP against me. My lord, my name has not been there in the char sheet which has been filed by the CBI before the special court. My lord, now my lord may kindly see the char sheet is dated 30th 6th 2017 my lord. Now DP has been initiated against me on 26th 2019 after 2 years my lord. After 2 years they have initiated DP my lord just 4 days before retirement my lord I have retired >> initiated on 26th April 19 >> 2019 my lord chashid has been filed on 2017 >> my lord I have retired on 30th 4 2019 now 4 days before my retirement they have initiated DP against me my lord now my lord inquiry officer was appointed on 291 2019 19.
>> No, they can initiate before you retire.
>> Correct. We we are not we are not we are not into that. We are not into that.
Only we are showing the laps of time my lord. How much time they have taken. Now inquiry officer was appointed on 12 29 11 2019. Inquiry officer retired on I retired on 30th 4 2019.
DP initiate 264 >> 264 2019. Yes.
Now I have retired on 30th 4 2019 retired. When was the inquiry officer appointed?
>> Inquiry officer appointed 291 2019.
>> 2911 >> 11 my lord. Now my may see after more than 7 months my lord >> yes >> they have appointed inquiry officer there's no problem on that my lord but the fact is this from the date of appointment of an inquiry officer my lord their d should have been completed within 6 month that is the law settle law my lord >> okay if my lord can see rule 14 Was it for today? It's for admission hearing my lord. Okay.
If my lord can ask my lord lo you can post it for finally hear we can dispose of now only I'm only teching I'm not going to the merit of the case the matter if my hard and fast rule that we have to hear the case of any stage senior is not prepared let it come next week let it come for admission hearing can dispose of matter because this gentleman also he has He under heart surgery my lord he's he's not in a very good shape my lord >> and he's not even getting pension let it come up next >> okay what what yes okay then what happened now >> then my lord >> if my lord make see rule 24 of rule 14 my lord rule 14 of CCS rule me >> yes >> no just tell yes >> yes yes here me say my lord sub sub rule 24 a me says inquiry authority should conclude the inquiry and submit his report within a period of 6 month from the date of receipt of the order of his appointment as inquiry authority me now they have not done it me now they there is no extension also me they have taken the ground in their way that due to coviet me even if it was a covet me the inquiry officer should have at least taken a pain me to write to the authority that because of this reason I'm not in a position to conduct the inquiry me now the law has not been complied with my lord.
>> Okay. Yes.
>> So only on this ground me this is the only ground my lord that we are challenging this DP my lord.
>> Yes on the prayer of Mr. Ascent matter one week for hearing come to support the matter next.
>> Hearing 40 may I please ship?
>> Yes.
>> Conducting conscious engaging in another court after some time lordship.
>> What's the matter? Start >> lordship I don't have file also >> you don't have to file also >> with sir lordship after some time lordship >> you won't collect the file yes call on next matter >> 42 the case in fact my lord I have done my hearing but unfortunately my lord thereafter your lo change of counsel >> yes >> my lord I have submitted even a compilation my lord and the judgments Sir that is regarding my promotion.
>> Yes. Yes. I'll submit again.
>> Ready Mr. >> Of course. But uh at least something he has to submit so that I >> Yes. Yes. I'll make my sub.
>> Yes. Yes.
>> Yes. MC for the private number one. What?
>> By the time he finishes, I think he'll be back.
>> You let him start then.
>> Yes.
It matter. Promotion.
>> Promotion. It's a very short matter.
It's very short.
>> Yes.
>> If you my lord take up the readition.
Who was the council for this council earlier on? Mr. Senior council, Mr. Dor.
Yes.
Now my lord, if I can take my lord to page five, my lord, I have referred to the relevant service rules of the district council.
My lord may come to page six.
>> Yeah.
Six. My lord say class three service.
The service includes the office of school. The taxation service department cages. This is a class three service and originally comprised of following grades. Assistant sub inspector then my lord sub inspector of taxation then inspector of taxation then superintendent. Now so far I am concerned your lordship.
My lord I am holding the post of my lord si inspector of taxations.
Sub inspector of taxation my initial entry into the service was as a assistant sub inspector of taxation on 287 2003.
>> So you so you're serving now as inspector? No my sav inspector >> presently some my >> and my lord I was promoted to the post of sub inspector of taxation on 29 2014.
Okay. 29 2014 my lord why I have completed your law shifts 10 years of service in the post of sub inspector of taxation my lord two post my lord of inspector of taxation fall vacant two post my lord >> while you were still not didn't have qualifying service >> I had my 10 years >> okay >> yes >> so my lord when two post had fallen vacant and in the meantime I had put in my lord that happened my lord in the last quarter of 24 mil the vacancy now my lord I filed a representation my lord representation dated 141124 my lord before the chief executive member kjc my lord pointing out there are two clear vacancies now at least you consider my promotions >> representation was filed my lord but there was no response to the representations ultimately lash what happened my lord in 6125 ships 6125 my lord the promotion order was issued whereby my lord those who are much junior to me my lord private respondent number six and seven >> five and six my lord have been promoted have been promoted my lord respective aspect of taxes >> in respect of taxations Now my law ship is aware about the district grounds in Milon they do not even circulate the gradation list. what was the position in the uh grade of sub inspector of taxes but based on the records my learn I have prepared a gradation list she will come across this at par 6 page 8 and 9 >> how will you rely on this is a correct gradation >> my have not denied that they have filed every they have not denied formally they don't I have made a statement they have not denied six my lord now name then the date of joining Now read petitioner at one my lord >> 2014 but all others my lord joined much after me. Now the person two private respondent who were promoted your lawships they were at 8 and 10.
>> Excuse me.
>> One second.
>> 8 and 10.
Hillary Valentine and Maxar. Maxury >> they appointed on 881 and 812 appointed in >> they came to occupy this post of sub inspector junior to my right now as per the rules my lord the relevant rules say is not seniority come they say merit come seniority my lord I fully agree my lord I have not question merit come seniority my lord way then my lord is almost like a selection and interview my lord the number of decision my compilation I have failed supreme court again and again said you'll have to maintain a transparent criteria. What are the criteria for?
>> Now they have promoted.
Now if your lo my lord comes to paragraph 8 my lord I have see it clearly my lord that the petitioner state that order d 675 parcel as much as the same promoted the private respondent without considering the case of petitioner and other similarly without any recommendation of duly constituted departmental promotion committee. No DPC.
>> No my humble submission my lord there is no DPC. There were recommendation from superior officer only on the basis of this they have come to it.
>> Now my lord if I can take your lawship to the imping order. Imping order is at page 19 dated 6th January 25. And my lord will also take note my lord I think the election was held my lord sometime in district council election my lord if I'm correctly remember I think February 27 just before that all this thing happened in the interest of the council service the executive committee has pleased to promote the following of taxation this this tempor transferable terable after joining et this how now my lord interestingly district council here is my case my lord develops district council filed an affidavit now affidavit say there are a reason why you are not promoted in 2019 there was a shock was issued and they are saying shock is the ground it's true my lord it's not that I have suppressed because that shock has not led to any inquiry had it led to an inquiry my lord the question would have been otherwise had I been indicted now what does the allegation in the shock house that one day there was some kind of inspection >> and course of the inspection I was not found in my chair the reason my lord I have given Reply the reason my lord on that day my superior asked me to go for a inspection at Barney and along with other some other inspector my lord I went for a my lord inspection at barney so I filed my reply matter ended there my lord no proceeding was initiated they are saying because of the shock lord she will kindly take up the affidate filed by the district council first Yes.
Respondent number 1 to4.
>> Here my if I can read paragraph 8.
Excuse me. Paragraph >> 8 page three.
>> Yes.
>> In response to paragraph petition the answering respondent summit the petitioner was initially appointed assistant sub inspector. Upon abolition of the post he was redesated as sub inspector of this does not amount to promotion since there exist no record supporting petitioner's claim for such promotion. Furthermore, the petitioner was issued a shocker's notice dated 38, 2019 under office order number such and such for negligence of duty signifying irresponsibility in the performance of his assigned duties in violation of official norms and direction. Moreover, the petitioner failed to justify the forced shock's notice which clearly indicates his irresponsibility. Since the petitioner has come before the court with ulterior motive, the rate petition is liable to be dismissed on the ground alone. Further the principle of merit come seniority requests that merit be established which the petitioner is found lacking due to such negligence and irregularity. Now this has been annexed at an extra am if I can take my lot to this. Yes A at page 9.
Now this is addressed to me my lord.
Negligence of duty. Whereas on surprise visit of secretary to the executive committee on 26th 7 2019 you were found you were found to be absent from duty.
The negligence of not attending the office regularly and lack of responsibility has affected the smooth functioning and work of the branch office as a whole. Officials are expected to obey and follow the rules and office norm strictly as laid down.
But you are all ignoring the same. You are therefore directed to submit your explanation to the undersign within 7 days from the date of receipt of the order as to why disciplinary action shall not be taken against you failing which star action shall be taken as deemed fair and proper according to the rule in force 38 2019 now my lord next your ships no I have replied I have finally rejoined I have my reply and all they have not annexed I have annexed now Now my lord you will come to the next page. This is their calling departmental promotion committee. Now here you'll see my lord this is dated my lord 18th December 24 office of the executive committee kc shillong perused the records of all existing sub inspector of tax in the department of the council perused all the reports along with the suggestion of the taxation department for promotion to the existing vacancies to post tax on the basis of good performance and competency as per records available with the department in their assigned duties.
On examination suggestion, it is found that the department has recommended such and such both sub inspector of tax due to their outstanding performance, responsibility with competence along with dedication, punctuality in their present post as sub inspector of taxes for several years. Hence after careful examination on the records and suggestion of the tax department this committee has on the basis of meritcom seniority affformed and recommended such and such are deserving incumbents for promotion to the vacant post of inspector as clearly provided under provision 15 of the KGC service rule 1961. Now this is their holding in departmental promotion report. Now my lord performance appraisal report my lord they have annex my lord nx c my lord this is very interesting 11 name of the senator nongor my lord I am at three on lumlang shabong now the reason my lord remarks irregular shock was issued what the reason shock my lord they have not considered my case now this has not led to any departmental proceedings yes now my lord you will kindly come to the election These are the recommendation an D my lord at page 12.
>> Now how do you assume office? There >> since since uh since uh 20 part of last year.
>> Yes. But I immediately >> you file >> 25 25 >> but after the assume charge.
>> Yes. After they assume I have not asked for no as for 18th October 25. Now this is the recommendation to the post of reference to the subject cited above. I am writing to highly recommended such for the promotion to the post of during his tenure in Rio district. He has consistently demonstrated exceptional dedication and commitment to his responsibility earning the admiration and respect of both his colleagues and superiors. It has become evident that such and such is disciplined individual who consistently complete his works effectively and well in advance of the stipulated deadline. He has also proven himself to be a team player. For instance, he does not shy away from suggesting solution to problems on the team. Additionally, despite committing from Shillong, he maintains one of the highest standard of punctuity among the staff. His consistent attendance and timely arrival further underscored his sense of responsibility and commitment to his role. In the light of the dedication of punctuality pro proactive contribution I am confident that such and such would excel as inspector bring significant. Now this is my lord by his superior immediate superior superintendent revoid district. Now similarly my lord for other respondent also a recommendation came by his and similar line my lord. Now your lash will kindly take up my rejoinder.
My rejoinder.
Now my lord they have said made one statement that I was never promoted to the post of sub inspector of taxes that is wrong my lord so I have controverted it and I have annexed the necessary order my lord by which I was promoted 29th August 2014 at page 12 and one that's lo >> of my rejoinder >> page >> page 12 rejoinder to the affidate file by hc 1 4.
>> Which page?
>> Page 12.
>> Yes.
>> Yes ma'am. I'll just read it. 12 hours.
The executive kasil district council is pleased to promote the following within the taxation department. I am at two.
I have been promoted as sub inspector.
So they are saying that I was never promoted. This is wrong. Why they made this kind of statement unable to understand somebody now next page 13 the reply to the shops.
Well this is a handwritten copy.
>> Yeah refer 2014 order >> 2014 because I was promoted to the post of sub in I enter in 2003 as assistant inspector. In 2014 I made a statement I was promoted to the post of sub inspector of taxation. In their effective they say he was never promoted. In fact, assistant post of assistant inspector was abolished and he was redesated as sub inspector of track.
That is wrong. I was promoted my this is the order 2014. I was promoted to the post of sub inspector of taxation.
>> Yes.
>> Now my lord will come my shoo's reply which they are relying at page 13. My lord this is the handwritten original gerroscopy of the original. The type copies is in the next speech.
>> Yes, my lord. With due respect in reply to the mention, I am to inform you that on such I was on official duty inspection at Barney Hut and the adjoining areas along with the inspector concerned along with inspection. This is dated 4th September. I file it. They have not initiated any disciplinary proceedings. My lord, now could they have taken into consideration as you have lost you have seen the reason not promoting me shock? Can shos become a ground my shos has not led to any disciplinary action.
Now my lord on the last occasion your law is these are the facts my lord. So my basic thing merit comes seniority we are not dis when it comes to merit comes seniority my lord it is almost like a selection process my lord here the transparency comparative assessment has to be maintained and they are saying my lord we could not consider because of the shock. So this is not a consideration at all. Now I have last occasion I have submitted a compilation with relevant judgments should be there.
>> Yes.
>> This council I have given.
>> Yes. Yes.
This is the one.
Yes my lord facts I will not say your lordship only the judgment my lord relevant judgments >> my lord from page six my the judgment I am relying on from page six or should you kindly look into page six >> 19 page six of my written compilation >> 194C >> yes well I just while marriage is criteria selection become wider and can be abused with less difficulty. Now this is 1973 to SS 386 my lord relevant paragraph is paragraph 20.
>> Yes.
>> It is true. It is true that where merit which is difficult to judge is laid down as sole test for promotion, the power of selection become wider and they can be abused with less difficulty. But the but the uh machinery provided for preparation of celestialist for promotion to all India services so as to ensure impartiality cannot be assumed to so operate as to produce unjust result.
The wider the power entrusted to an administrative authority more should be the consciousness of responsibility on its parts for their due discharge fairly and impartially. The presumption is that the authority concerned will discharge its obligation with full realization and its implication and honesty. We have however to determine here whether the selection committee and the union public service perform their function on a correct interpretation and the relevant regulation and not whether they acted honestly about we entertain doubt. So here is a case my lord they are admitting you cannot be considered because of a shos my lord my humble submission my lord this is not a consideration at all.
Now my lord if I can take my lords to the next judgment I have relied 1991 4 16 no m page 16 and 17 page 45 and 46 Six par 16 and 17 my lord has got it.
Yes, that is basically a case my lord when the pendency of a my lord investigation disciplinary that cannot be a reason my lord refused that seal cover and all now they are saying this my lord is a my trouble reading it and here only a shock which has not lead to any investigation that become a ground my lord for rejection so this is basically my 16 and 17 my lord then even then if I can read on 17 mil there is no doubt that there is seeming contradiction between the two conclusion but read harmoniously and that it is the full bench has intended the two conclusion can be reconciled with each other >> 16 17 >> 17 I'm reading the conclusion of one should be read to mean that the promotion cannot be withheld merely because some disciplinary criminal proceeding are presenting against the employee to deny the s benefit they must be at the relevant time pending at the stage when the charge memo charit has already been issued to the employee this read there is no incon judgment now here the court is clarifying even pendency of A disciplinary proceeding cannot be a reason to withheld.
>> Yes.
>> Now here what happened? Only a shock. A shock which has not led to even a disciplinary procedure filed in 2019.
Now that cannot be a ground to refuse me promotion when I am the senior most.
Now my lord the other judgment.
>> All right. Now my 20076 SCS right to be considered for promotion bring within its perview an effective purposeful and meaningful considerations that is at page number 63 11 and 14. This is very relevant my lord the consideration should be my lawful consideration. If we are relying on a shock cause which we are not supposed to and then say you have been considered this is no consideration pending against me. So how you could have taken into consideration the shock costs.
Now my lord next judgment is your law ship 20079 SSC state and its instrumentally bound to act fairly reasonably while considering the promotion of an employee. Mere allegation against an employee would not justify keeping valuable rights to here.
Exactly. Some allegation was brought by the shockers minor. That is at page 70.
>> Par the first appellent in coldfield are state within its meaning of article 12 of the constitution. Their action must therefore satisfy the test of reasonableness and fair. Although an employee of a state is not entitled to promotion to a higher post as a matter of right. He is entitled to be considered therefore in terms of article 16 of the constitution of India. A right of promotion can be withheld or kept in evidence only in terms of the varied rules. Rules operating in the field do not provide that only because some allegation has been made as against an officer of the company. The same would itself justify keeping a valuable right to be considered for promotion of an employee. In events when the question of the nature comes up for consideration before a superior court the extent rule operating the field must necessarily be constituted in the light of the constitutional scheme of equality. Now here admittedly there admittedly because of the shock cause my lord now the next decision is my lord I am relying on my lord is 2008 8 ssc 725 >> but regarding >> regarding adverse entries no even there is no I don't think they maintain a service district also and even if there is something there cannot be anything adverse on the basis of a shock also there is no disciplinary process there was never commun And my lord where is JT that okay then 2010 my lord that is on delay wrong promotion challenging without delay continuation in the post of promotion would not run I anticipate they will come up now for last 2 years we are holding the position my lord I immediately came before the court my lord and the way I have been deprived I am the senior most no doubt it is on the basis of merit come seniority but even in the merit come seniority my lord you will have to maintain some kind of transparency where is the transparency you are admitting there is a shock and this is the reason you are I was denied the promotions so my lord this decision my lord it's say my lord delay and for long time the incumbent illegally holding the post that cannot be a ground to refuse the issuance of the rate that is there and my lord interestingly in respect of district grounds my lord I have come across a decision my lord that is then paragraph Then why it's not telling it's not telling that paragraph 9 this is very important decision 20052 GT that is in relation to some district council of Assam regarding promotion lie autonomous paragraph 9 this paragraph 9 somehow my in my compilation It is missing paragraph 9. Under article 16 of the constitution, the right to be considered for permission is fundamental right. It is not the mere consideration for promotion that is important but consideration must be fair according to established principle governing service judic quotes will not interfere with the assessment made by the DVC unless agreve officer establishes the non-promotion was banned according to witness principle or malafid by witness principle it means irrationally unreasonleness and that the decision is so outrageous in defiance of logic or accepted moral standard that no sens sensible person who had applied his mind to the question to be decided would have arrived. In other words, the decision impug is such that no authority properly directing himself on the relevant law and acting reasonably could have reached it. My this is very this is outrageous my what happened they are very very categorically saying there is a shock I have finally reply my lord that it has not led to anything. So my lord this is a case my lord call for interference my lord I'm the senior most my lord the way I have been deprived your lordships my lord that is very very unfair my >> rules >> rules my lord lship 15 disciples and rules 15 15 is there >> is the merit comes in that I am not disputing your laws >> what doesn't speak any apart from what >> I'll just read the entire rule at page 26 I don't know my one I am holding at page 26 >> of this compilation.
>> No, no, it is not in the compilation.
>> So, this is the one given by you last time.
>> No, I have given that. Yes, I have given 26 my 15. My lord, you'll come to 15.
>> Page 26 my lord >> of this compilation.
Oh, >> I have given a extra copy of this. This is not in the compilation. Compilation >> we have submitted separately not in the compilation.
something can rule >> 14 rule 16 >> rule 15 can one second >> yes you can do this what's different 15 but if I can read 15 Promotion to any service great post shall be made ordinarily on the basis of merit comes inity and the careful examination of character roles. Such report called for suitability of the eligible promotion other records in cases of promotion in selection force administrative technical merit to be taken as a sole criteria. So this is my lord they are also saying merit I'm not disputing my I'm not saying senior only because senior I should be but we have done it my lord there is no competitive assessment there is no transparency and the worst thing my lord they are saying I could not be promoted my lord because there is a shock which has not led to anything my lord that itself vious my lord now the law is very well settled my lord consideration means lawful consideration now the here my lord my venturing shock my lord this is this is not a lawful consideration at all so My humble submission my lord this is a case my lord call all foreign an interference and they will have to redo I will not ask for a direction be promoted but there has to be sandbag my lord and uh my lord they will have to return the entire thing what will happen to pers >> what happened to them >> no they appearing just come back 5 minutes Yes, sir.
Don't die.
>> I may be please your chief. Yes m >> uh this practice of merit ceninarity it is an age old practice uh in KDC from time immemorial uh >> time memorial >> basically uh since inception of the since inception of the rule >> that is 1961.
So with that let us come to par seven of the a bit in opposition filed by the respondent number one to four that is page two your chip my colleague from the op from the petitional side has uh mentioned this rule 15 under chapter 3 Let me read again.
>> You refer >> that is I'm referring to par seven your lordship >> of the aid.
>> Yeah >> that is speech to your lordship.
>> Yes >> that is uh about chapter 3 rule 15 of the KJDC service rules 1961.
Yeah, >> it is specifically submitted that the set rules provide interalia promotion to any service grade or post shall be made ordinarily on the basis of merit consenity. So that part of course from the petitioner also they have not um contested or said otherwise.
Let me continue your ship. After careful examination of the character roles, special reports call for on the suitability of the eligible officers for promotion and other records. So basically uh uh as I have told you earlier your lordship this is decisions which have followed for long time from 1961 since inception of the rule.
When we say a merit continuity, we have to careful, we have to examine carefully on the character roles that is the service records including the personal files of the uh office concerned both the petitioner and also the other officers including respondent number five and respondent number six. Then special report we have already seen and uh the patina has already uh read that uh special report in ancip.
And when we say other records, it includes that recommendation and also the DPC.
So until unless rule 15 is uh amended or otherwise the issue raised by the petitioner will not hold water. We have to follow rule 15 in letter and spirit. So that is my first submission because this age-old practice I have told you your lordship earlier is back by law that is rule 15 which I mentioned just now.
Let us come to par 8 >> second uh that is the second one.
Furthermore, the petitioner was issued a show cause notice dated so and so so on of his order so so and so for negligence of duty signifying irresponsibility in the performance of his assigned duties in violation of official norms and directions.
Moreover, the petitioner failed to justify the foret show cause notice which clearly indicates his irresponsibility. Your loy that is a >> so so you mean to say Mr. Philip that uh there was a finding on his show cause it was unsatisfactory.
>> Yeah, the show cause it was found to be unsatisfactory. Did you all propose to take any further action like denial of promotion or denial of consideration or keep on proceedings or anything? No.
Yes. No departmental proceeding doesn't arise in your relationship but we have denied his promotion on the basis of >> promotion is amounts to a sort of punishment. See the thing is uh now if you have given show cause then what follows is that if you're not satisfied with the show cause then the law demands that you have an inquiry and you ask him but you appoint our officer to see why your sh was not satisfactory and why you should not be given these kinds of no you you you can take any like course of action against the petitioner. No but now as per affiliate after he sub he filed his shows he didn't find satisfied he left it at that >> yes we have that yes okay so when the senior officer inspected his office and he was found that he was not there so that point of being absent from duty is it is very here and it shows about his negligence of duty.
So that is the second submission.
Now coming to par 9 year old chip that is at page three that in response to paras 6 uh which has been raised by the petitioner hero chip.
It is reiterated that promotion in the instant case are guided by rule 15 that which I've read earlier of the service rule where merit encompass responsibility, punctuality, efficiency, sincerity, ethics and overall conduct of performance.
Now let me continue next speaker.
The consideration for promotion under the principle of merit consenity in the instant case was done on the basis of competency, dedication, punctuality and overall performance and not only on the basis of seniority alone >> promotion then your lordship in the department promotion committee is name also considered for promotion.
>> Yes of course.
>> Yes. Then >> so here the principle is your lordship merit come seniority not seniority come merit if it is seniority come merit yes that is why we have not disputed that the uh merit list prepared I mean seniority list prepared by the uh petitioner but if we take that into position yes of course is eligible but the issue is merit comes in 30. So here it comes. So that is that is why this rule 15 is applicable and we have to follow in letter and spirit.
Now coming to par 9 chip >> oh sorry par 9 par 10. zero chip par 10 that with regard to par seven of the petition filed by the petitioner. The answering respondent deny the allegations and summits that respondent number five and six were considered for promotion strictly in accordance with rule 15 again. So that is what we have considered from the uh respondent number 124. After careful examination of the records of all eligible candidates including reports from their department that is tax department which clearly establish their eligibility on the basis of punctuality, regularity, conduct and performance and they are found more materious meritorious than the petitioner. Hence on the basis of the this criteria provided under the KHC service rules the executive committee after consideration of the records of all existing sub inspector of taxes and the recommendation of the departments which highlighted their good performance and competency has endosed and recommended for promotion of the respondents. That is respondent number five and or four and five or five and six to the vacant post of the inspector of tax and that copy of the recommendation was read by the uh petitioner your lordship. So I need not mention about that again.
So keeping in mind this point uh I think we have to follow the uh rule 15 in letter and spirit and coming to par 12hip that we regard to par 9 of the petition we have mentioned it is it is reiterated that the merits outweigh seniority that is under rule 50. So the committee has duly considered the records of all the eligible candidates and has found that the respondent number five and six are more meritorious than the petitioner on the basis of punctuality, work ethics, responsibility, performance, work quality and strong work ethics with good public relation and proactive approach.
And uh this is totally different from what the contention of the petitionary relationship because in KDC it is not like in common setup where seniority outweighs merit your lordship. So that is important point you want to impress upon your lordship and uh we as the officers recruit your lordship. We feel that especially from the respondent side the petitioner cannot really compare this uh with the government rules and regulations because we have separate rules as rule 15 your lordship.
So uh the the reports let me come finally to rule or to page uh six yellow chip that is par 17 that is about the par 14 which they have uh written in their petition that the statements made in par 14 are denied.
The reports maintained in the department confirms that the petitioner was irregular and his performance was unsatisfactory.
So your lordship at that point of time he was in that condition but it doesn't mean that it will end there >> meaning >> meaning uh in the sense that suppose now in the next one or two years if his performance is good we can consider him why not from the office there is room for his improvement and we can consider him in due course provided his service record is okay in the near future. So that is my point.
So keeping uh this in my lordship I would appeal to the petitioner and request the petitioner to kindly improve his performance in the near future and definitely uh the office will consider him in future provided the rest of the things are okay but at the moment your lordship we have to follow rule number 15 in letter and spirit. governing authorities no I didn't know yeah only one question now when you have the departmental promotional committee is there any objective criteria laid out for consideration of the eligible >> in fact from the >> from the records you have the records with you >> no that we don't have records your lordship I don't have with me at the moment.
>> You leave aside that leave aside that show cause and the only thing is anyway.
>> Yes, Dr. >> Okay.
Come here.
You also have seen the rules. Rules clearly say on the basis of merit counselority after careful examination of the correct rules special reports where a special report >> called for on the suitability of the eligible officers for promotion and other records.
Now lot we'll see here in our will be next open.
>> Yes ma'am 5 and six Mr. S has taken a lot to that age 17 age >> 17 age six.
>> Okay.
Yes, >> this is a report submitted by >> page >> 177.
>> Okay, I >> my respon five and six >> doesn't have page five and six.
>> Oh, no.
One second.
>> Yes. 17.
>> Yes ma'am. Now this is a performance of sub some inspectors in the taxes and department submitted by superintendent of taxes man.
>> Yeah.
Now based on this report method the executive committee took a decision and the decision is at P6 married P6. We use the reports of all existing sub inspector tax in the department of council. Per also the report along with suggestion of the taxes and department the promotion of the existing vacancies of the post to inspector on the basis of good performance and competency as per records available with the department in their assigned duties. On examination of the suggestion, it is found that the department has recommended HB Malong and MG both sub inspector due to their outstanding performance, responsive, competency along with dedication, punctuality in their present post as SI tax for several years. Hence, after careful examination on the records and suggestion of the tax department, this committee has on the basis of merit, continuity upon the recommended so and so are deserving incumbents promotion to the back and post of inspector as clearly provided under 250.
>> Yes. So now no matter the only criteria laid down in the rules is some report from the the department and report from the department.
>> Where are the rules? Where is this report?
15 mil >> just now promotion to any service grade or post shall be made ordinary on the basis of merit continuity after careful examination of the character rules special reports called for on the suitability of the eligible officers for promotion and other Yes.
>> So my there is a basis for that. Malot the report is there on the record. Meot and the report is clearly indicated.
Not only these two me lots you kind of candidly see at P 17 there are some other candidates also whose report is regular with satisfactory performance.
Yes, I'll place one Supreme Court decision.
2024 SEC online SC972 this three judge bench I'll only refer to par 98 Yes. Par 98. The various decision of this code have only developed upon the principles of merit come seniority and seniority come merit by explaining the criterians that may be postulated within the framework of these principles for the purpose of promotion. The scope of the offers principle is summarized below.
The principle of seniority of merit postulates that minimum requirement of merit and suitability which is necessary for the higher post can be prescribed for the purpose of promotion.
Comparative assessment amongst the candidate is not required. Seniority of a candidate is not a determinative factor for promotion but has a predominant role upon fulfilling the minimum required qualification.
Promotion must be based on industy seniority. Then the principles of merit come from seniority postulates that merit plays a predominant role in and seniority alone cannot be given primacy.
Comparative assessment of merit is a crucial though not a mandatory factor.
Only where merit is equal in all respects can intercede senior to be considered meaning that a junior candidate can be promoted over the senior if the junior is more meritorious.
>> Yes.
Now my lord lot is seen from the EC's decision me all the sub inspectors were considered me there are only 10 sub inspectors you there are two most junior junior most one's junior most right >> I'm not the junior most >> you're not the junior most >> one junior most is provided by petitioner Anyway, >> one is junior most.
>> What is junior most? Yes. And >> six is junior most >> and five is number seven or something. 8 and 10.
>> Yes.
>> From the list provided by them by their >> whose list by the council >> in the repetition.
>> No, what list is this m? This is not in terms of seniority also.
>> What this is Mr. S?
>> Well, as I said, I have made a categorical statement there.
>> No, that will come will kindly come to that in paragraph six the petitioner.
>> Yes. Now six you say that the petitioner below set theory of the incumbent from the appointment you mean?
>> Yes. on the date of appointment and I have mentioned category retail is formal gradation lees not circulated by the official how were the seniorities set out are based on records and these are the dates these are dates and district council has not seniority is no relevance my the criteria is not denied >> the criteria is merit >> so even considering in the DPC there's no objective criteria set out when the DP when the promotion committee said also apart from competency and >> well character role these these are the criteria to determine merit melo this can be the only criter any report from the concern department and that's what the rule precise any reply submission >> reply they are not I thought at least they'll deny that shock shock they will not I'll address the >> see they're not they're not they're not alluding to sh because that's not relevant They're going by the general general character role as well >> performance report.
>> So the whole thing your whole your falls flat with regard to that you know issued and that the accus show was they've taken an overall assessment. No.
>> And if the performance rule provides for >> allows and you know special report >> special report that that can be one consideration but that cannot be everything your lawsuits number one number two performance report which they have what it say irregular because of the shock so irregular sh issue >> irregular but how irregular where is the report my lord that I am irregular where is yes what What reply do you have?
>> No, only one small submission I was trying to make my >> that seal covered procedure is no relevant this matter my >> yes >> and the judgment cited by them my lord at least three judgments which have been cited by the petitioner my lord pertain to the rules where the rule was seniority government may I just point out those judgments 2007 volume 9 has been cited 66 59.
>> What's the value?
>> No. Which which judgment is the same compilation?
Same pay 6600 >> of the compilation.
running P6.
>> Yes. Par three.
>> Mr. S refer to par. I'll refer to par three.
>> Yes.
>> Eight line.
>> Yes.
the paratri after that comes the next >> yes so not applicable >> it will not apply then next they refer to jank raman's judgment that is it gank here what supreme court said which page this page >> start from page 36 Yes.
Now Jan Kir Raman's case will have no relevance melod in this present case because what in Jan what Supreme Court said me >> yeah seal cover can charges issued something exonerated if exonerated in the department of >> that's that was a pending DP does not apply in this case >> what I'm trying to submit in jank me but supreme court said that if he exonerated he'll be given promotion from that date from the date his jun promoted me now jun promoted will come into picture Only the criteria is seniority commission.
>> No no seal cover procedures when suppose the DP is there then seal cover is exonerated then he will be considered.
>> It is not a case that he has not been considered.
>> Sever also other this one also.
This one.
>> The other reason cited is 2008 volume 74 with regard to ACR. Correct.
>> This is with regard to ACR and benchmark. Very good. Good. Those are the criteria. Even this judgment has no relevance.
2010.
>> Now another judgment cited is page 88 melod 2010 volume 1. This also pertains to seniority compared melod. We'll find that at par 2 mill sixth line par 2 on the basis of number.
Yes.
So in my humble submission my at this stage not not case for calling for any inter future vacancies my lord if improves the performance definitely department consider or it becomes meritorious or inter shortly very short as I said ships they are not denying this account they categorically saying shock us even my lord that performance report is speaking about shock my lord speaking of shock one thing irregularities and shock they saying no irregularities my lord it becomes something adverse whatever maybe the procedure they follow my lord can they do that why I have relied in immaterial by the seniority come time and again anything adverse against has to be >> communicated communicate there is nothing against me even on paper they could not show my lord how I irregular they saying you shall notice as an issue now shos cannot become a basis I have relied on this decision why I refer to Janak even Janak said even unless there is a DP my lord or charit is filed you cannot withheld the promotion and here they have denied me promotion and this is not a consideration at all because there is a shock and my lord 2007 I categorically say consideration means lawful considerations this is not a lawful consideration that means they have not considered me relying on the shock that is everything my lord and My lord, it say about the character rules recommendation that will be this your prayer.
>> My prayer my lordation is thereition we'll limit the set aside my dedication only to the prayer that you made here.
>> Set aside and consider case of the petitioner.
set aside the promotion minor legal limit and consider my case also because I have not been considered my if you relied on the sh they not denying that if you relied on that shock which has not led to any DP so that is not a consideration at all 2007 what it say that should be a lawful consideration this is not a lawful consideration this vicious everything so my humble submission it called for an interference money that's Should we pass or an open court or why not reserve?
You can assist in open code doesn't in open code we can assist a lot of the dates and other things.
>> Yes, we take down Petition who is presently holding the post of sub inspector taxation department KGDC is before this But assaling the where's the imperailing the order dated 6 January 25 >> January 25 whereby the respondents five and six have been given promotion to the post of inspector ctor of taxation in the set department.
Stop.
Before adverting to the arguments, uh it is first to be noted that the service of the petitioner is captioned under class three service of the what rules are this of the Kasi Hills district council service 1961 correct?
>> Yes ma'am.
And in the taxation service/ department uh the same consists of a entry level assistant sub inspector high next higher post sub inspector and the present post we're concerned with which is inspector of taxation.
Stop.
Next par Mr. SN council for the petitioner has submitted that the respondent five and six who been accorded promotion uh junior to the petitioner having joined the service much later that is in 2019 than 19 and 20 respectively whereas a petitioner entered service on 29 2014.
So the council has submitted that there is no objective criteria.
I have submitted that though the rules provide that promotion consideration should be on the basis of merit seniority.
In instant case there has been no objective criteria applied by the respondents in denying the petitioner his due promotion in view of due promotion though he is the senior most set it is also submitted that from the from submitted that the denial it appears has been on the basis of where is that >> basis of >> basis of a show cause >> that have been issued to the red petitioner on >> 38 38 2019 >> 38 2019 less than F >> A page 9 of the HS >> on the basis of a show cause notice dated 38,09 >> 19 with regard to or on the on the show with regard to negligence of not attending office regularly and lack of responsibility.
Stop.
The council submits that to the show called notice a reply was duly filed and the matter never proceeded thereafter.
Stop.
It is contended that as there was no departmental proceedings drawn up against the red petitioner and the denial of promotion being based so in the show cause of which uh which a proceeding which had which which had uh uh laps by itself the action of the respondents is arbitrary, discriminatory and the entire section process entire section is liable to be set aside and quashed.
Next paragraph Mr. W Kab appearing for the abundance one 1 to4 1 to4 has placed reliance on the affinate file on behalf respondents and has submitted that the clear stupilation submitted that the consideration for promotion is uh consider promotion is governed by rule 15 chapter 3.
By rule 15 of the Casil's at district council services 1061 submits that as per the said rule promotion to any service shall be made the basis of merit comes after careful examination of the character roles.
Special reports called for on a suitability of eligible officers for promotion apart from other records.
General Council submits that in the consideration for the promotion to the post of inspector of taxation from amongst the legible officers eligible sorry eligible sub inspectors of taxation.
A special report had been called for and on the basis of the recommendations made thereof which reflected that the practitioner was not the most suitable candidate for promotion.
Uh in view of merit promotion was newly accorded was accorded to the respondents six.
>> Stop. In this context the learned council has taken this court where the page 11 council. Yes. This code to to a performance chart of sub inspectors in a taxing department which is next as lecture C to the affidavit in opposition wherein against the petitioner's name he has been he has been shown to be irregular and shook issued stop. He therefore submits that the in compliance he submits that uh he submits that in total in in full compliance with the rule with the prescribed rule the promotions were granted to respondents five and six.
So he therefore he submits that there being no ground made without any interference.
The repetition is without any merit and lily be dismissed. Yes. Then Dr. in Mosika.
Next paragraph. Lenet senior council appearing for the respondents five and six has at the outset submitted that the consideration of promotion as can be seen from the materials on record was with the usual objective criteria that is assessment of the character role.
He further submits that uh it is not a fact as as alleged by the petitioner that the issuance of a show cause notice to the petitioner was the only ground for denial of promotion.
But in fact as per his stipulation of the rule on the basa on a bas of special report and due assessment the promotion was granted to the private respondents.
Uh Leonard Council, Len Council has also placed for this has placed reliance on that place reliance on the judgment of Lable Supreme Court and the case of so and so and so so and so uh wherein he submits at 98 thereof.
the the exact the principles of merit constity have been outlined.
The senior council that the merit therefore plays a predominant role in this innity alone can it be given primacy and that comparative assessment of merit is crucial though not a mandatory factor with regard to the after submission assault of Mr. has sent. So in support of his in support of his uh uh arguments in support of in support of his argument the land council for the petitioner has praised the alliance on the following decisions you take from the compilation decision which has been submitted in the form of compilation.
Stop.
Um with regard to the judgments placed by the L council the petitioner the senior council als has pointed out that the same would not be applicable to the case of the to the incident case in as much as firstly it is not a case of it's not a case of departmental proceedings which were pending and approach motion being considered and that the other cases referred to uh to do with seniority come merit and that merit come seniority. So uh he or he therefore also submits that the rule having been adhered to the petition is the merit neck paragraph. Um having heard the council with other parties considering the special nature that the district council occupies with regard to the special special nature of the rules which apply in the district council would be expedient to examine the concern rule as rule 15 which is reproduced here and below.
Stop.
A perusal of rule 15 quoted above would show that would show that um it strictly mandates the same to be considered the promotion be considered on the basis of mandates that a promotion be made on the basis of merit conserity after careful examination of the character roles, special reports and special reports stop. In the instant case though the petitioner has sought to make out a case that the denial of promotion has been due to the filing of the show cause where he has been found to be irregular.
Um regular former a perusal of the performance when it's been the next lecture C would show that after the word irregular a comma has there exists a comma after which was issued with in the case of the other legible candidates who also have not who have not been afforded promotion as in the case of one Nehemiah Mo appearing at seal number two. It is seen as irregular and show cause issued stop. A fair reading of these two captions would indicate that in the case of one candidate being irregular show cause issued whereas in the case of the petitioner shown to be irregular and show cause appears to be an added factor.
Notwithstanding these facts, the provision of the rules having specifically allowed the respondents the latitude to consider the cases the case for promotion on the basis of on the basis of merit and the respondent five and six having been found more as per the special report. Stop.
In the concept opinion of the squad, no interference is called for with a pin order and the reparation is allowed. Stop.
uh the the judgments placed by the L council or the petitioner be not being very relevant and not discussed.
or elaborated upon like accordingly for the reasons and circumstances state dismissed and according to the sport of his 40 here.
Yes.
stops it. This is with regards to regularization where actually I was appointed initially as a pion then after working as a pon then again the department have uh transfer me to the same p >> I'm not sure >> or is here yes >> yes >> and there after I have been working for uh for uh 28 years then by the departmental >> for 28 years Actually doctor number actually I have worked more than 38 years 30 years just let me just I will start it from wait don't be in a hurry >> yes I don't I don't >> Yes.
Yes.
>> Yes. Lordship. uh initially uh I will take you to page uh number 17 is appointment order appointed as a pond uh pond on uh 19 August 1984 as a P there after again the in white order at 26 >> regation orderation order your lordship uh initially during during my petition that the petitioner was not able to bring me the not able to publish the copy of the regulation also there is a order my lord to try to promoting to the sectional assistant I was absorbed as a work charge sectional assistant lordship I have the copy >> no see I want to see the order first appointment then regularize then a promotion see this is lecture page 17 Yes.
Page 17 is the >> healing appointment 1984. Right.
>> Logic.
>> And after that what happened?
>> Then after that an Lord that again I was uh in the same post works as department secretary from uh from secretary to subdivision subdivision of P William Nagar. Yeah.
>> Then my lord page uh 21 an 3 departmental promotion was their lordship actually that >> number three is my name where they have this one they >> regular skill >> regular ski now I have make a >> when they retire retired my lord it was in the year of achieve one 2012 >> goal what is this page 23 >> yes this This is the letter sent by the executive engineer to consider my promotion as a sectional assistant and to regularize my service. The last uh the relevant portion my lord page four of that paraph four of that page 23 may just it may be mentioned that the promotion of sri mundra g m from the pon to the post of sectional assistant department promotion committee here when you retire you take the last p of the pon no lordship I was already promoted lordship I have the document lordship actually you enjoy the scale of the system kindly kindly have a lordship I may be allowed to Fil because this one it was not brought during the timing of filing lordship. This is the regular priotion lordship as the real relationship.
>> Where are you MS in Kerala in Delhi? Are you in Kolkata?
>> I'm in Delhi. Okay. Now before I come to that lordship what happened actually prior to the that departmental commission department department commission committee you have to file this >> this this lordship yes that copy my lord I have >> you file it you have to come and record you're aware of this >> show one page uh and not >> I will file it this document that they have regularized prior to the promotion committee departmental promotion committee the promotion committee year 11112 to make a submission.
>> Yes, sir.
>> If you ever hold charge second >> 199 charges.
>> Yes. What do you want to show?
Well, at page 18 of my reply, basically there is no provision under the rules to promote a P to the post of sectional assistant because Pon comes under the ministerial staff and SA comes under the technical staff. So therefore my lord, we are willing to as page 18 would show. So the letter that he was referring to where the chief engineer has been addressed. Uh page 18 is the response my page 18 of my reply.
Uh it shows that we are willing to consider the period spent as essay on an officiating basis but otherwise since there is no provision therefore he had to be reverted back.
That's what that's what this court is telling him to accept that last pay is retired now of P1 and they had take a lower pension what to do Mr. S lordship I will I will file that that document which I have placed it because >> file it yes Mr. P sama hearing uh Mr. The PD number today has produced a document an office order.
>> Yes.
>> Dated 17th May 1999.
Uh showing the absorption of the petitioner.
>> Yes.
>> As a work child section assistant temporarily >> and also the >> he to bring another document is there. Next page also is there.
He's also prays for he also prays for allowed to bring any other additional documents in support of his cases logic >> otherwise that you take the last pay >> no there'll be no before the departmental commission I already twice regularized this is the document the departmental commission the personal department finance department they are the comprised of the departmental comm promotional committee Finance department, >> personal department they are in for logic. So all those things much less loyal.
>> Yes, MSP ship settled. I'm sorry.
May I please Lord? Uh Lordship, this matter has been settled in meditation.
>> Very good.
Yes. Uh I usual order medal mediation.
Yes. Very good.
Order please.
>> Yes.
It is for the respondents to reply today. As per the last order they had to take instructions. with regard to >> what's the application which we >> what affid you filed >> that is the thing no affidavit it came to be filed with it was to be filed within 10 days man >> no no no there some you had filed something correct >> I had filed an application showing that in the DPC my case has been adopted as a sealed cover procedure there is another candidate of sikkim high court mess their case is referred in the DPC order but my case is not mentioned >> your lordships may kindly have page number 25 and 26. 26 of the application mirrors.
>> One second. Your lordships had referred to par number three at page 26.
Yes for instructions. Dr. I've received some mistakes and lots of so one week's time we will file I I have generally not raised any objection but mad I am a private citizen I'm spending from my own pocket I'm not finding from the state's funds >> we'll give you some cost that's why I said why don't I want to me that is the only thing can I show jurisdiction >> in this matter diode jurisdiction we raised the issue that plea has been taken at the stage of final argument and I have showed that the impug order was very difficult for the court to go forward also >> one week's time otherwise also the the present miscase my lord has no relevance to the main person Dr. Whatever it is the thing is that now with regard to the other officer who been considered now the penency of the case but in the case of the petitioner this is absolutely silent but after the last hearing his case has been sent to the ACC for approval he only has a interim order from Sikkim high court I have a final order in my favor after last hearing his case has been sent we'll give you one week's time one week file Mr. Gupta sorry you have to bear or we are closed if yes sir >> but I'm in my I'm in the hands this misc will not >> appear virtually >> I will appear virtually but let the effect of it come so I can at least see my assist the honorable court >> because this mis case will not dispose of the mandate person the mandate person all with the different grounds >> of course but >> because you heard the matter >> of the respondents also see by what has happened also is very unfortunate it now the thing is that The very fact that you it contributes to know the the argument that there's there's a malified intent. Yes.
>> They're seeking to persecute him. Why is that? The court's here to see that you know the level playing field.
>> Can I make a request?
>> And that you know justice is served.
That's what we here for.
>> And final challenging the entire rules that is also fixed today.
>> That is okay. Muds I have finished today.
>> Sorry. It's over the matter to you.
>> Yes.
To do that.
>> But can I make a request?
I have argued. It is for my lots to see whether there is victimization or not. I can plead just give me 10 seconds. I can plead that this is again an instance of victimization. Muds, I have only request let the DGBR be called in person. Muds.
He was a member of the DPC. He is a respondent in the present case. He knew that the charge sheet is crashed. Today the matters speak for instructions on application filed by miss case 128 today without assured adjintment in able to find acted within one week. Yes praise allowed list after one week the government has to deal with all kind of now they're asking for DGB that tomorrow they are the defense secretary personally.
>> Yes m I will ask for it.
>> Yes m I will ask for it.
>> Of course a citizen right a citizen's right is supreme.
>> Right. It's my right mess. I'm protected by constitution.
>> Yes.
>> Muds. Can I request mys for 20th Mayots if your lordships would permit?
>> 20th May.
>> Yes. Mads.
>> That's more than one week. Correct.
>> But it's almost one week MS. I'm in difficulty on 18 mods. 20th May. 20 advanced at Mads. I'm so obliged.
>> You convince your senior.
>> Mads. I have tried mads and my senior is very accommodating. But MS What can I do?
any mention item number one be yours. Number one is the SLP has been preferred method.
>> When was it preferred? It's >> preferred last week.
>> Why did you make questions that it's only preferred from last time?
>> There's some defects and also took some time to register.
>> No, it was filed only on 8th May. Lord, I have got the report. I said >> see yes >> 8th 8th May and it is still lying in defects now after 8th May very unfortunate ment that it has not been filed on 27th 4th mill they went and then you have to apprise the number of civil code also >> yes me but they have to first remove the defects and they won't will not remove the defect for next 90 days me I the maximum period >> remove the defect >> just miss after 2 weeks after 3 weeks This a matter of 3 weeks for instructions from the petitioner >> hearing two >> before starting your lordship it's a request on behalf of Mr. DK representing government of Assam. He's seriously ill and could not today. So he has some time >> from Assam. Assam he has on board.
>> No not yet filed.
>> Not yet filed.
>> That's only that's the only uh missing link now.
>> Yes. He's seriously ill. Just inform him over telephone today. Yes. Asking for some time you know if possible they will have it after 2 weeks. Yes.
>> As informed that the uh then council for the government of Assam Govern is indisposed that the matter of two weeks >> on first of June their lordship first of June.
>> My lordship uh I just have a request my lordship uh like there are a few uh cases going on in the lower court judiciary. They are being affected by the uh facts which have been in Assam.
uh not in asam in Megala itself by lordship if this they are not influenced by this PL only a reference may be made >> no no not now let's see here let's first let's have the app deate and we will decide okay both the items I'm
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