Provisional Inclusion in IAS Select List Justified; UPSC and State’s Decision Stands: Delhi High Court Dismisses Writ Petition in IAS Promotion Case
In a significant judgment, the Delhi High Court upheld the Central Administrative Tribunal (CAT)’s order in the case involving Arun Kumar Singh’s promotion in the Indian Administrative Service. The Court, comprising Hon’ble Mr. Justice V. Kameswar Rao and Hon’ble Mr. Justice Anoop Kumar Mendiratta, dismissed the writ petition challenging CAT’s order that disposed of a contempt petition concerning the provisional inclusion of the petitioner’s name in the IAS Select List.
Legal Point of the Judgement
The central issue revolved around the challenge against CAT’s order, which addressed the petitioner’s promotion and provisional inclusion in the IAS Select List, based on the Indian Administrative Service (Appointment by Promotion) Regulations, 1955.
Facts and Issues
Petitioner Arun Kumar Singh filed a writ petition, contesting CAT’s order on the grounds that his provisional inclusion in the IAS Select List was unjustified. Singh’s contention stemmed from the argument that the departmental proceedings pending against him were not grounds to withhold his integrity certificate, thereby making his inclusion in the list provisional.
Court’s Detailed Assessment
Review of Provisional Inclusion: The High Court scrutinized the petitioner’s contention alongside the regulations and directives of the Tribunal, taking into account responses from UPSC and the State Government regarding Singh’s integrity and the pending disciplinary proceedings.
Role of UPSC and State Government: The Court examined the Union Public Service Commission’s and the State Government’s roles in the decision-making process, particularly their response to chargesheet issuance before the notification of the select list.
Judicial Precedents: Referring to Supreme Court precedents in J.S. Parihar v. Ganpat Duggar and Prithawi Nath Ram v. State of Jharkhand, the Court clarified the scope of contempt proceedings in reviewing compliance with judicial orders.
Decision
The Delhi High Court concluded that no fault could be found with CAT’s order and upheld the petitioner’s liberty to seek remedy against UPSC’s order dated July 31, 2017. The writ petition and related applications were dismissed as infructuous.
Date of Decision: April 09, 2024
Arun Kumar Singh Versus Union of India & Ors.
