Serious Infirmity in Adhoc Promotions: Gauhati High Court Sets Aside CAT Order, Directs Fresh Assessment on DPC Procedures
The Gauhati High Court has emphasized the necessity of procedural propriety in administrative decisions, particularly in the context of promotions within government bodies. The Court scrutinized the Central Administrative Tribunal’s (CAT) order mandating the holding of regular Departmental Promotion Committee (DPC) meetings, underlining the need for adherence to judicial directions and reasoned judgements in administrative matters.
Facts and Issues: The case arose from a writ petition filed by the Union of India against an order of the CAT, which directed the holding of regular DPC meetings as of 20/02/1998, in lieu of adhoc promotions. The respondent, originally appointed as Design Assistant in the Central Water Commission (CWC), was given adhoc promotion but faced pay fixation anomalies. The CAT’s initial order was partially set aside by the High Court and remanded for fresh consideration, leading to the current proceedings.
Court Assessment:
Judicial Scrutiny of Administrative Decisions: The Court analyzed the legality of adhoc promotions in the CWC and their impact on pay and seniority. It highlighted the significance of reviewing administrative decisions under legal standards and the scope of judicial intervention.
Procedural Errors in CAT’s Approach: The High Court found procedural errors in CAT’s judgement, particularly its failure to provide a comprehensive decision and misinterpretation of the High Court’s remanding order. This emphasized the importance of following prescribed procedures and providing reasoned judgements.
Remanding for Fresh Consideration: The Court remanded the matter back to the Tribunal for a fresh decision, stressing the need for a reasoned order in compliance with the High Court’s directions and adhering to procedural norms.
Decision: The Gauhati High Court set aside the impugned order of the CAT due to procedural impropriety and remanded the matter for a fresh decision. The Court underscored the significance of proper administrative processes and legal compliance in government promotions, directing the Tribunal to pass a reasoned order within six months.
Date of Decided on : 19-03-2024
THE UNION OF INDIA AND OTHERS VS SHRIHARI SEKHAR THE THAN SUB-DIVISIONAL ENGINEER
