Manish Kumar Son of Ajay Singh vs CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS on 15 October 2026

1. It emerges from the records that the applicant being aggrieved with non- consideration of his promotion with effect from 15.06.2026 for the post of Inspector though vigilance clearnance was issued in his favour and as per para 3.1 and 3.2 of the OM dated 14.9.1992, whereby it does not prescribed any cutoff date as on 01.01.2026 or 1st January of the year for having vigilance clearance certificate has filed O.A. No. 419/2026. This Tribunal after considering the aforesaid submissions among other grounds stated in the OA, issued notice to the respondents on OA as well as on Interim Relief and kept the OA returnable on 15.09.2026. Though, notice issued by this Tribunal was served upon the respondents, none appeared on their behalf on 15.09.2026 and the matter was further adjourned to 03.12.2026.

2. In the meantime, during the pendency of the said O.A. No. 419/2026, the applicant has filed the present M.A. i.e. M.A. No. 518/2026 in O.A. No. 419/2026 seeking following prayers:- "3. The Applicant. therefore, prays that this Hon'ble Tribunal may be pleased to:

(A) allow the present application, and/ or (B) direct the respondents to include the name of the applicant in the list of eligible offices whose record is called for consideration of their cases in DPC to he convened for the purpose of promotion to the post of Inspector and further be pleased to direct the respondents to consider the case of applicant for promotion to the post of Inspector along with the officers whose names are included in the list dated 07.10.2026 (Annexure-Al) subject to outcome of main OA. (C) grant any such other and further order(s) as may be deemed fit, just and proper in the interest of justice."

3. In support of the prayer sought in this OA, Ms. Harshal N Pandya learned counsel for the applicant mainly submitted as under:- 3.1 That, during the pendency of the present Original Application, the Respondents have proceeded with the process of convening a further Departmental Promotion Committee (DPC) and have published a draft seniority list/ list of eligible officers vide order dated 07.10.2026, wherein the cases of 92 officers admittedly junior to the Applicant, are proposed to be considered for promotion to the post of Inspector, however, the name of applicant is not included in that list. The said action of the respondents is arbitrary and prejudicial to the rights of the Applicant herein. 3.2 Further, learned counsel for the applicant by referring the Minutes of Meeting of DPC held on 11.0.2026 for Promotion to the Grade of Inspector (Group-B Non- Gazetted) from the Grades of Executive Assistant/Stenographer Gade-I submits that in para 12.6, the respondents have categorically stated the Applicant’s case would be considered in the subsequent DPC. The relevant part of said para 12.6 reads as under:- "Since, a charge sheet and disciplinary proceedings were pending against Shri Manish Kumer as on 01.01.2026 i.e. on crucial date, vigilance clearance has not been granted by Mundra Customs issued on 11.03.2026. However, the said proceedings were conclude vide OIO No. 01/2025-26 dated 27.02.2026, the Mundra Custorms has issued vigilance clearance certificate as on date i.e. 11.03.2026 vide letter dated 11.03.2026 stating that “the vigilance clearance in respect of the officers marked as {i.e. Table Sr.No. 1 Shri Manish Kumar) is being granted only for the purpose of promotion as per the DOPT's OM dated 02.11.2012 issued from F.No.

22034/4/2012-Estt.(D). The committee has also gone through the Para 3.1 and 3.2 of the DoPT OM F. No. No.22011/4/91-Estt.(A) dated 14-09-1992 and of the opinfon that the officer is not clear from vigilance angle as on 01.01.2026 i.e. on crucial date. The committee has not recommended his case for grant of promotion to the grade of Inspector at present and the findings of DPC is kept in the seal cover. Further, the case of the officer for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him. " 3.3 It is submitted that since a charge sheet and disciplinary proceedings were pending against the applicant during the previous DPC proceedings, the Respondents had expressly stated that the Applicant’s case would be considered in the subsequent DPC. However, despite the aforesaid assurance and also despite the fact that penalty of Censure was imposed upon the applicant and now, no departmental proceedings are pending against the applicant and vigilance clearance certificate has also been issued in his favour, the Applicant’s name has been omitted from the list of eligible employees proposed for consideration for promotion. Therefore, it is submitted that the continued exclusion of the Applicant from consideration for his promotion is causing irreparable prejudice to the Applicant’s service-related rights and interests. 3.4 It is submitted that the last date for calling of requisite documents/qualifications is 16.10.2026 as mentioned in the order dated 07.10.2026 (Annexure A/1) and if the said information is not sent to the concerned department, the applicant's case would not be considered for promotion causing further prejudice to the applicant.

4. Heard learned counsel for the applicant and perused the material available on record.

5. Having heard the aforesaid submissions, we are of the considered opinion that prima facie case has been made out by the applicant for intervention of this Tribunal; by way of an ad-interim relief, the respondents are directed to place the requisite documents/record of the applicant before the DPC by including his name in the list of eligible officers for promotion to the post of Inspectors. The respondents are further directed to keep the recommendation/decision of the DPC in the sealed cover, it is made clear that the said recommendation/decision will be subject to outcome of this OA.

6. List the present MA along with OA on 03.12.2026. In the meantime, the respondents may file reply to the present MA, if so desire.

7. D.S. is permitted for the Respondent No. 2 & 3 through speed post as well as e- mail and liberty is also granted to serve the Respondent No. 1 through speed post as well as e-mail.

Sanjiv Kumar Member (A) Jayesh V Bhairavia Member (J) Pratik Vyas ( steno 'c' )