Row over official’s promotion: CAT notices to Punjab chief secy, Barnala DC

Central Administrative Tribunal

THE CENTRAL Administrative Tribunal (CAT) Wednesday issued notices to chief secretary Punjab, Dilraj Singh, IAS, special secretary (revenue), Milkfed, Bhupinder Singh, deputy commissioner, Barnala, and Vinay Bublani, CEO, Jang E Azadi Memorial Foundation, Jalandhar, for October 3, on an application filed by Sanjay Popli for issuance of directions to consider the applicant for promotion and induction into the Indian Administrative Service (IAS).

Sanjay Popli stated that he was a 1992 batch PCS officer of the state government and was included in the Combined Eligibility List of State Civil Services Officers for the select list of vacancies for consideration for promotion to the IAS, from the year 2010, 2011, 2012, and 2013, respectively. He stated in the application that appointment by way of promotion to the Indian Administrative Service (IAS) is governed by the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as the Regulations). The said regulations govern the mode, manner and method of appointment by way of promotion out of the State Civil Service Officers (SCS).

Popli’s contention was that once the no report certificate (NRC) (meaning by the annual confidential report – ACR of an year not present) for year 2006-2007 has been placed by the order of the Punjab and Haryana High Court on February 16, the respondents are duty-bound to consider his promotion to the cadre of IAS. As the NCR has been submitted there is neither any cloud nor any stigma for promoting the applicant especially since, he has been promoted to the post of Special Secretary with from July 4, 2011, by the Punjab Government.

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Popli sought directions to be issued to the UPSC and DoPT to hold the Review Select Committee Meeting regarding the 18 vacancies of Punjab pertaining to the year 2010, seven vacancies for the year 2011, five vacancies for the year 2012, and six vacancies for the year 2013, respectively, for promotion from PCS to IAS.

He added that he was already in “a zone of consideration.” It was stated that the placement of the NRC inescapably implies that the above mentioned part ACR for 2007-2008 never existed in the personal applicant’s record.