Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA:
MIZORAM & ARUNACHAL PRADESH)
AIZAWL BENCH ::: AIZAWL
WRIT PETITION (C) No.24 OF 2006
D.D. 01.06.2007
Hon’ble Mr. Justice A.B.Pal
Shri. V.Sapchhunga ... Petitioner
Vs.
The State of Mizoram & Ors. ... Respondents
Seniority:
Whether restoration of seniority after quashing the penalty imposed in Disciplinary Proceeding
when a fresh de-novo exercise for re-determining the entire seniority after inviting objections from the
concerned is proper? – YES
4 th respondent was senior to the petitioner in the Senior Grade - His position being Sl.No.1 while
that of the petitioner at Sl.No.19 – Because of departmental proceedings pending against the 4 th
respondent the recommendations of DPC were kept in sealed covers – After the Review Petition filed
by the 4 th respondent for setting aside the penalty was allowed and penalty order was set aside and
the 4 th respondent was appointed w.e.f. 10.9.2001 as Junior Administrative Grade as per DPC
recommendations and consequently his position in the seniority list at Junior Administrative Grade was
restored at the top – When the two vacancies in the selection grade came up for consideration only 8
candidates as per DPC procedure were to be within the zone of consideration – If the petitioner being
at Sl.No.9 in the seniority list of Administrative Grade stood excluded and only eight officers including
4 th respondent were considered and that the 4 th respondent was recommended and promoted to the
selection grade which has been assailed in the present writ petition and High Court has dismissed as
devoid of merits.
Held:
Mizoram PSC
That as the retrospective promotion is not under challenge, the consequent seniority also cannot be
assailed and, therefore, the challenge in the writ petition brought against seniority position of the 4 th
respondent and his promotion to the selection grade has on merit.
ORDER
The petitioner Shri V.Sapchhunga and the 4 th respondent, Sri. H.Darzika are the members of the
Mizoram Civil Service. Admittedly, the 4 th respondent was senior to the petitioner in the Senior
Grade, his position being at Sl.No.1 while that of the petitioner at Sl.No.19. The said seniority list was
published on 28.8.2001. When a departmental proceeding was pending against the 4 th respondent
following memorandum of charge dated 8.5.98, the Mizoram Public Service Commission (for short
MPSC), the 3 rd respondent herein, convened meeting of the Departmental Promotion Committee
(DPC) for considering promotion of Senior Grade officers to the next higher grade (Jr. Administrative