•' A7-!l % 21.11.2008 Present:- Mr. P.P. Malhotra, ASG with Mr. H.K.Gangwani, Sh. K.R.Sachdeva, SGC Ms. Raman Oberoi, Mr. A .. K. Bhardwaj, adv. for the Union of Mr. Tushar Ranjan Mohanty, in person as respondent in CWPs 87 48/2007, 1898/2007, 4346/2007, as petitioner in CWP 3478/2007, petitioner No. 1 in CWP 7672/2007 + W.Ps.(C) 8748/2007, 1898/2007, 3478/2007, 4346/2007, 7672/2007, * The clash between an officer and the department has resulted in multifarious proceedings. Fortunately, it has been possible to find an amicable settlement of the disputes in view of the good offices of the Additional Solicitor General and Mr. Tushar Ranjan Mohanty who appears in person. It is, thus, agreed that all these writ petitions be disposed of with the following directions:- (i) The observations regarding the power of the DOPT/UPSC for grant of relaxation in the eligibility criteria prescribed in the Recruitment Rules for promotion made in the impugned order are set aside leaving the question open to be decided in an appropriate case. (ii) Ministry of Statistics and Programme Implementation (MOSPI) shall remove the recordable warning issued to Shri Tushar Ranjan Mohanty on 27.06.2006 from his ACR dossier and the same be placed only in his personal file. (iii) Shri Tushar Ranjan Mohanty hereby withdraws all Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified __ , e I I cases/writs/petitions filed by him in this Court/CAT, against the Union of India and any officer of the Union of India including the following:- (a) WP(C) 3487/2007 & Miscellaneous/Criminal Applications/Petitions, including contempt petitions, pending if any, before any Court of Law/Tribunal. (b) WP(C) 7622/2007 & Miscellaneous/Criminal Applications/Petitions, pending if any, before any Court of Law/ Tribunal. (c) Criminal MA No. 7219/07 in WP(C) 1898/07 against Sh K.B.Arora formerly Under Secretary, in MOSPI. (d) Any Miscellaneous/Criminal Applications/Petitions, including contempt petitions, pending if any, before any Court of Law/Tribunal filed by Shri T.R.Mohanty against UOI or any officer of UOI in WP(C)1898/07, 4346/07 and 8748/07. (e) OA No.12/2008 (Shri E.Nagachandran & Shri T.R.Mohanty vs. UOI) and Miscellaneous Applications, pending if any, before the CAT, PB, NO. (f) OA No. 1831/2007 (Shri E.Nagachandran & Shri T.R.Mohanty Vs. UOI) and Miscellaneous Applications, pending if any, before the CAT, PB, NO. (g) Contempt Petitions (CP NO. 461/07 in OA No. 1712/06, CP No. 424/07 in OA No. 1712/06, CP No. 147/07 in OA no. 1831/06 etc) and other contempt petitions, if any, filed by Sh T.R.Mohanty against the UOI or any officer of UOI before CAT, PB, New Delhi (h) All Miscellaneous Applications including MA No. 2242/07 in OA No. 1381/07, MA NO. 1142/07 in OA No. 1712/06, MA No. 2366/07 to MA 2371/07 in OA 1712/06 and other MA's, filed if any, by Sh T.R.Mohanty, in OA No. 1831/06. (iv) Union of India hereby withdraws the writs filed by them against Shri T.R.Mohanty viz., WP(C) 1898/2007, WP(C) 4346/2007 and WP(C) 8748/2007. (v) The MOSPI will hold a review meeting of the Internal Selection Committee (ISC) for assessment of suitability of Shri Tushar Ranjan Mohanty for promotion to the SAG on adhoc basis as per the extant rules as early as possible (but not later than two months from receipt ..>rder) by not treating the recordable warning issued to him as . of his ACR dossier. The petitions are accordingly disposed of. Dasti. NOVEMBER 21, 2008 ag SANJAY KISHAN KAUL,J -