SATYA NARAYAN RATHORE vs M/o Personnel,public Grievances And Pensions on 16 October 2026

O R D E R

By Smt. Mallika Arya, JM.-

In the present original application, the applicant has prayed to set aside the DPC proceedings dated 19.12.2014 and notification dated 10.02.2015 qua the respondent no. 4 (Annexure A-1 and A-2 respectively). Prayer has also been made for a direction to the respondents to convene review DPC for the vacancy year 2012.

2. The facts of the case, in brief, are that as per Indian Administrative Service (Appointment by Promotion) Regulation, 1955 a Selection Committee meeting was held on 19.12.2013 for promotion of members of State Civil Services of Chhattisgarh to IAS for the year 2011 and 2012, wherein Shri Indul Ram Dehari and Shri Anand Kumar Masih were recommended for promotion to the IAS (Annexure A-6). Later on, the State Government intimated the UPSC for deletion of the name of Shri Indul Ram Dehari from the select list of 2011 and 2012 as he was awarded a sentence by the Special Judge, Raipur vide order dated 03.07.2013. The State Government also informed the UPSC that the caste certificate of Shri Anand Kumar Masih (respondent no. 4) has been cancelled by the High Power Committee. The applicant has further contended that the respondent no. 4 has filed a Writ Petition No. 31376/2007 before

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Hon’ble High Court of Chhattisgarh wherein vide order dated 15.06.2007 he was held not entitled to any other benefit on the basis of his caste certificate (Annexure A-7). Thereafter, the Union of India notified the select list dated 10.02.2015 for the year 2011 and 2012 wherein the name of Shri Indul Ram Dehari was excluded (Annexure A-2). However, though the name of respondent no. 4 had been excluded for the year 2011 but he had been included provisionally in the select list of 2012.

3. The applicant has contended that the inclusion of the respondent no. 4 in the select list of 2012 is illegal, unjust and against the law laid down by the Hon’ble Supreme Court in Civil Appeal No 5854/1994 -Ku. Madhuri Patil Vs. State of Maharashtra & Ors. He has stated that since the High Power Committee has cancelled the caste certificate of Shri Anand Kumar Masih holding that the same was false, hence, in view of the law laid down by the Apex Court in the case of Ku. Madhuri Patil (Supra), his appointment ought to have been cancelled without any further notice. However, despite the above fact, the Selection Committee, in the reconvened meeting dated 19.12.2014 (Annexure A-1), has included the name of the respondent no. 4 in the select list. The grievance of the applicant is that due to inclusion of respondent no.

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4 in the select list of 2012 though he was not eligible in view of cancellation of his caste certificate as well as the interim order passed by the Hon’ble High Court of Chhattisgarh in W.P.31376/2007, he has been deprived of his selection in to IAS. Therefore, the applicant has contended that the action of the respondents is arbitrary, illegal and unjustified and prayed to allow the OA.

4. Per contra, the respondent nos. 2 and 3 have filed reply denying the claim of the applicant. They have stated that the Selection Committee Meeting for promotion of State Civil Service Officer to the IAS of Chhattisgarh Cadre for the select list of 2011 and 2012 was held on 19.12.2013. However, the State Government intimated vide letter dated 28.06.2014 about the sentence awarded to Shri Indul Ram Dehari. Therefore, Selection Committee Meeting was reconvened on 19.12.2014 in which Shri Indul Ram Dehari was assessed as ‘Unfit’ for both the select lists of 2011 and 2012. So far as the respondent no. 4 is concerned, since a penalty of Censure was imposed upon him, he was assessed as ‘Unfit’ for the select list of 2011. As the effect of penalty of Censure was already considered for the year 2011, it has no effect for the subsequent select list. Therefore, on overall assessment, the respondent no. 4 was included

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in the select list of 2012. However, due to withholding of his integrity certificate by the State Government, his inclusion in the select list of 2012 was made provisionally. The respondents have further stated that although the select lists were acted upon by the Government of India vide notification dated 10.02.2015, the Shri Masih was finally appointed for want of integrity certificate. The respondents have further stated that since the applicant was not in the zone of consideration for the select list of 2011, therefore, his name was not considered for the said select list. However, his name got included in the zone of consideration for the select list of 2012 but he could not be included in the selected due to a limit on the size of select list and availability of officers senior to him. Thus, the respondents have stated that the OA is devoid of any merit and prayed to dismiss the same.

5. When the matter was taken up for final arguments, nobody had appeared on behalf of both the parties. Since the issue involved in the present OA relates to the selection and is pending since 2016, therefore, we deemed it appropriate to reserve the matter. Hence, the matter was reserved for orders and time was granted to both the counsel for parties to file their written submissions within 15 days which they have not complied with.

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6. From the pleadings, it is observed that the applicant is aggrieved by non-inclusion of his name in the select list of 2012. His contention is that the name of the respondent no. 4 has wrongly been included provisionally in the said select as his caste certificate has been found to be false by the High Power Committee. In view of the law laid down in the case of Ku. Madhuri Patil (Supra) he was not eligible to be included. The applicant has also stated that in view of the interim order dated 15.06.2007 passed by the Hon’ble High Court of Chhattisgarh in W.P. 31376/2007, the respondent no. 4 is not entitled to be included in the select list. The interim order dated 15.06.2007 is reproduced below: - “In the meantime, no effect shall be given to the notice dated 23.5.2007 pursuant to the direction contained in para 8.2 of the impugned order dated 5.2.2007 (Annexure P-1), till the next date of hearing. It is made clear that the petitioner shall not be entitled to any other benefit on the basis of his caste certificate.”

7. In view of the above order, now it is to be decided whether the respondent no. 4 was included in the select list of 2012 ignoring the cancellation of his caste certificate?

8. From the pleadings of the applicant it does get established that the respondent no. 4 had been included provisionally by giving

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him the benefit of his caste certificate which has been cancelled by the High Power Committee on being found false. Rather it is noted from the reply of the respondents that on overall assessment of the service records of Shri Masih, the Review Selection Committee assessed him as ‘Very Good’ for the select list of 2011. On basis of this assessment, his name was recommended by the Review Selection Committee for inclusion in the select list of 2011. However, due to withholding of his integrity certificate by the State Government, the Review Selection Committee recommended for inclusion of his name in the select list of 2011 and 2012 provisionally subject to the grant of integrity certificate by the State Government in accordance with the proviso of Regulation 5(5) of the Promotion Regulations. From para 7.2 of the reply, it is also noted that the respondent no. 4 has not been given the benefit of his caste certificate as there is no concept of reservation in promotion of SC/ST officers in the IAS cadre.

9. We may observe that an officer can be considered by the Selection Committee only when his name is included in the zone of consideration for a particular select list. In the present case, it is noted that the name of the applicant did not figure in the zone of consideration for the select year 2011. Hence, he was not considered

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for the select list of 2011. However, as his name figured in zone of consideration for the select list of 2012, he was considered but could not get included due to lower position in the seniority and a limit on the size of the select list.

10. For the foregoing reasons, we do not find any merit in the OA. Accordingly, Original Application No. 545/2016 is dismissed being devoid of merits.

11. All associated Misc. Applications stand disposed off

12. There will be no order as to costs.

(Smt. Mallika Arya)

(Rajinder Singh Dogra) Administrative Member

Judicial Member Anand…

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