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Indian  Administrative  Service

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Service matter – Regulation 5(4) of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 – for promotion to the Indian Administrative Service – Dropping disciplinary proceedings against the 1st respondent was recommended for promotion and was selected pending case in Central Tribunal – Central Tribunal allowed the O.A. – High court reversed the same – Apex court held that the State Government misled the UPSC which resulted in wrong assessment of service records of 1st respondent in violation of Regulation 5(4) read with Regulation 6 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. -The Tribunal noticed that the State Government dropped the charges against the 1st respondent without giving detailed reasons for such action. Considering the same the Tribunal held that the State Government failed to furnish the valid reasons for dropping charges and for subsequent issuance of integrity certificate to the 1st respondent. For the said reason theTribunal held that the action on the part of the State is a case of hasty decision.-The High Court failed to appreciate the guidelines dated 4th April, 2007 issued by the State Government with regard to the ACR and wrongly accepted the stand of the respondents that invalid ACRs were not to be considered. The High Court also exceeded its jurisdiction in discussing the charges framed against the 1st respondent and in justifying the grounds for dropping the charges, though it was not disclosed by the State Government. and set aside the impugned judgment and order dated 8th July, 2013 passed by the High Court in Writ Petition No.5508 of 2013, upheld the order passed by the Central Administrative Tribunal dated 18th February, 2013 with direction to the respondent(s) to reconsider the name of the appellant viz-a-viz 1st respondent for promotion to the post of Indian Administrative Service against the vacancies for the year 2009 = CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2014 (arising out of SLP(C)No.26223 of 2013) G. MOHANASUNDARAM … APPELLANT VERSUS R. NANTHAGOPAL AND ORS. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41776

  Service matter – Regulation 5(4)  of  the  Indian  Administrative  Service  (Appointment  by  Promotion) Regulations,  1955 – for  promotion   to   the   Indian Administrative Service – Dropping disciplinary proceedings against the  1st  respondent was recommended for promotion and was selected pending case in Central Tribunal – Central Tribunal allowed the O.A. – High court reversed the same … Continue reading

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