IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1456 of 2005 1. Dhrub Narain Chaudhary , Son of late Shyam Lal Chaudhary, resident of Mohalla- Chaudhary Compound, Rambagh, Muzaffarpur, P.S. and District- Muzaffarpur, presently posted as Deputy Development Commissioner, Banka. 2. Ganeshi Ram Raman, Son of Late Jagdeo Ram, resident of Mohalla- P.C. Colony, J-65, Kankarbagh, P.S. Kankarbagh, District- Patna, at present posted as Joint Secretary, Industry Department, Govt. of Bihar, Patna. …… Petitioners Versus 1. The Union Of India, through the Secretary, Department of Personnel and Training, Ministry of Home, Government of India, North Block, New Delhi. 2. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1. 3. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Old Secretariat, Patna-1. 4. The Chairman, Union Public Service Commission, Dholpur House, Shahjehan Road, New Delhi. 5. The Secretary, Union Public Service Commission, Dholpur House, Shahjehan Road, New Delhi. 6. Shri Gurubachan Jagat, Member, Union Public Service Commission, Chairman of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 7. Shri K.A.H. Subramanian, Chief Secretary, Govt. of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 8. Shri N.K. Agrawal, Member Board of Revenue, Govt. of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 9. Shri G.S. Kang, Development Commissioner, Govt. of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 10. Shri H.C. Sirohi, Senior Most Divisional Commissioner, Govt. of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 11. Shri Amitabh Bhattacharya, Member Secretary, Dis-investment Commission, Nominee of Govt. of India, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 12. Shri Busi Sam Bob, Secretary, Oil Industry Development Board, Nominee of Govt. of India, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 2 13. Shri Ramashish Sharma, Joint Secretary, Revenue Department, Govt. of Bihar, Patna. (previously posted as Principal Survey Sansthan Gaya). 14. Shri Girish Nandan Singh, at present posted as District Panchayat Raj Officer, Vaishali. 15. Shri Gopal Prasad Singh, at present posted as Director, Consumer Protection Directorate, Patna. 16. Shri Bhagwat Prasad Sharma, at present posted as Joint Secretary, Environment and Forest Department, Govt. of Bihar, Patna (previously posted as Secretary, Patna Industrial Authority, Patna). 17. Shri Krishna Nand Malik, at present posted as Joint Secretary, Rural Development Department, Govt of Bihar, Patna, previously posted as Director, National Employment Programme, Purnea. 18. Shri Rana Awadhesh Kumar, at present posted as Director, Mass Education, Govt. of Bihar, Patna. 19. Shri Vishnudeo Prasad Singh, at present posted as Joint Secretary, Planning and Development Department, Govt. of Bihar, Patna (previously posted as Rational Development Officer, Bhagalpur Commissionaire Office). 20. Shri Narayan Murti, at present posted as Joint Secretary, Agriculture Department, Govt. of Bihar. 21. Shri Kumar Anand, at present posted as District Magistrate, Supaul, (previously posted as Director (Slum and J-1), Delhi Municipal Corporation, New Delhi. 22. The Registrar, Central Administrative Tribunal, 88/Sri Krishna Nagar, Patna. with CWJC No.16533 of 2007 Abdur Rahman son of Late Md. Sohail, resident of Mohalla-63/2, Haroon Nagar, P.S. Phulwarisharif, District- Patna, At present joint Secretary, Khel Art. Culture & Youth Govt. of Bihar, Patna. … Petitioner Versus 1. The Union of India, through the Secretary, Department of Personal & Training, Ministry of Home, Govt. of India North Block, New Delhi. 2. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1. 3. The Secretary, Department of Personnel & Administrative Reforms, Govt. of Bihar, Old Secretariat, Patna-1. 4. The Chairman, Union Public Service Commission, Dholpur House, Shahjehan Road, New Delhi. 5. The Secretary, Union Public Service Commission, Dholpur House, Shahjehan Road, New Delhi. 6. Sri Gurubachan Jagat, Member, Union Public Service Commission, Chairman of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 7. Sri K.A.H. Subramanian, Chief Secretary, Govt of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 8. Sri N.K. Agrawal, Member Board of Revenue, Govt. of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 3 9. Sri G.S. Kang, Development Commissioner, Govt of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 10. Sri H.C. Sirohi, Senior Most Divisional Commissioner, Govt of Bihar, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 11. Sri Amitabh Bhattacharya, Member Secretary, Dis-investment Commission, Nominee of Govt of India, Member of the Selection Committee dated 29th and 30th June,2004 and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 12. Sri Busi Sam Bob, Secretary, Oil Industry Development Board, Nominee of Govt. of India, Member of the Selection Committee dated 29th and 30th June and 07.07.2004 constituted under I.A.S. (Appointment by Promotion) Regulations 1955, Union Public Service Commission, Dholpur, Shahjehan Road, New Delhi. 13. Sri Udai Narain Thakur, presently posted as Dy. Secretary, Planning Deptt. Govt. of Bihar, Patna. 14. Sri Baidyanath Prasad, presently posted as Director, Administration Education Department, Govt. Of Bihar, Patna. Respondent Nos. 13 and 14 C/O Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar Old Secretariat, Patna. with CWJC No.2671 of 2005 Zamiruddin Ansari, son of Late Gulam Azij Ansari resident of Village- Kharanti, P.S. Barachatti, wrongly stated in C. copy in O.A. No. 589/2004 as vill- Therouli P.S. Bhabhandeo, Dist. Gaya, at present posted as Deputy Development Commissioner, Gopalganj. …… Petitioner Versus 1. The Union Of India, through the Secretary, Department of Personnel and Training Ministry of Home, Govt. of India, North Block, New Delhi. 2. The Union Public Service Commission through its Chairman, Dholpur House Sahjehan Road New Delhi. 3. The Selection Committee, (so constituted and held its meeting on 29th and 30th of June, 2004 and 07.07.2004 under I.A.S. (Appointed by Promotion) Regulation, 1955, through its President, namely Guru Bachan Jagat, Member, Union Public Service Commission, Dholpur House, Sahjehan Road, New Delhi. 4. The State of Bihar through the Chief Secretary Old Secretariat, Patna. 5. The Secretary, Department of Personnel and Administrative Reforms, Govt of Bihar Old Secretariat, Patna. 6. Shri Ramashish Sharma, at present posted as Principal, Survey Sansthan, Gaya. 7. Shri Girish Nandan Singh, at present posted as District Panchayat Raj Officer, Vaishali, District- Vaishali. 8. Shri Gopal Pd. Singh, at present posted as Director, Consumer Protection Directorate, Patna. 4 9. Shri Bhagwat Prasad Sharma, at present posted as Secretary Patna Industrial Area Development Authority, Patna. 10. Shri Krishna Nand Malik at present posted as Director National Employment Programme, Purnea 11. Shri Rana Awadhesh Kumar, at present posted as Director Mass Education, Govt. of Bihar, Patna. 12. Shri Vishnudeo Pd. Singh at present posted as Rational Development Officer, Bhagalpur Commission’s office. 13. Shri Narayan Murti at present posted as Joint Secretary, Agriculture Department, Govt. of Bihar. 14. Shri Kumar Anand, at present posted as Director (Slum and J-1) Delhi Municipal Corporation New Delhi. 15. Shri Lallan Singh, at present posted as D.D.C. Madhubani, Dist. Madhubani, Dist. Madhubani. Respondent No. 6 to 15 C/O Secretary Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 16. The Registrar, CAT, Patna Bench, Patna. ….. Respondents. For the Petitioners ( in C.W.J.C. No. 1456 of 2005) : Mr. Satish Chandra Jha, Advoate. For the Union of India : Mr. Sanjay Kumar Pandey, (C.G.C). For the State : Mr. Dhirendra Kumar (Munna), A.C. to AAG-14. For the Petitoner ( in C.W.J.C. No. 16533 of 2007 ) : Mr. Mithilesh Kr. Singh, Advocate. For the Union of India : Mr. P.L. Jaiswal (C.G.C.) For the State : Mr. Amarendra Kumar, A.C. to AAG-3. For the Petitioner (in C.W.J.C. No. 2671 of 2005) : M/s. Sharda Nand Mishra and Dhannajay Kumar Gupta, Advocates. For the Union of India : M/s. P.L. Jaiswal, C.G.C. and Vibhakar Kumar (A.C. TO C.G.C.) For the State : Mr. Dhirendra Kumar (Munna), A.C. to AAG-14. ----------- 10 28.07.2011 Heard the learned counsel appearing on behalf of the parties. The three writ petitions arise out of a common judgment dated 17.12.2004, passed by the Central Administrative Tribunal, Patna Bench, Patna, whereby three original applications have been disposed off by a common 5 judgment. Original Application No. 558 of 2004 has given rise to C.W.J.C. No. 1456 of 2005, Original Application No. 682 of 2004 has given rise to C.W.J.C. No. 16533 of 2007, and Original Application No. 589 of 2004 has given rise to C.W.J.C. No. 2671 of 2005. The four petitioners in the three original applications challenge the selection for appointment by promotion to the Indian Administrative Service. The facts and the issues of law being common, the three original applications have been disposed off by a common judgment and impugned hearing. Mr. Mithilesh Kumar Singh, learned counsel for the petitioner in C.W.J.C. No. 16533 of 2007, submits that he has no instructions in the mater to press this writ petition. In that view of the mater, C.W.J.C. No. 16533 of 2007 is dismissed as not pressed. We are now left with two petitioners in C.W.J.C. No. 1456 of 2005, and one petitioner in C.W.J.C. No. 2671 of 2005, the petitioners were members of the Bihar Administrative Service, and were considered for selection by promotion to the Indian Administrative Service by a Selection Committee constituted under the provisions of Regulation-3 of the Indian Administrative Service (Appointment by Promotion) Regulation, 1955 (for brevity for ‘Regulation’). The Committee had considered the matter at its meetings held on 29th and 30th of June, 2004, and 07th of July, 2004. The Committee selected 20 6 Officers for promotion to Indian Administrative Service for the year 2001, 9 Officers for the year, 2002. Similarly, and other officers were considered for promotion for the year 2003-2004 which are not the subject-matter of the two surviving writ petitions. The three petitioners were also considered for promotion who had found there were in the select list but, on account of their position in the merit list, they could not be promoted. The petitioners challenged the selection process before the Tribunal on various counts. On a consideration of the entire matter, the learned Tribunal came to the conclusion that the power of judicial review with respect to the proceedings of such a DPC/Selection Committee is very limited. It has been held that no mala fide /bias has been levelled against any member of the Committee. It has further been found that criminal cases were pending against some of the persons, who had found their way in the merit list, but they have been recommended for promotion as sanction for prosecution had not been accorded. We may at this stage notice, as has been stated in the counter affidavit of respondent no.3, that the Committee had recommended the names of 5 (five) such Officers, namely, Shri Vishnudeo Pd. Singh, Shri Ramashish Sharma, Shri Girish Nandan Singh, Shri Gopal Pd. Singh, and Shri Uday Narain Thakur. But the Central Government did not notify them for promotion. The learned Tribunal has further found that it has not been able to notice any 7 arbitrariness in the proceedings. The original applicants had also raised strong grievance that Lallan Singh, much junior to the applicants had been recommended and ultimately promoted over the heads of the petitioners. The Tribunal has dealt with this issue, and has answered the same in favour of establishment that Lallan Singh had been graded as outstanding, as a result of which he climbed up the Merit List leaving the applicants lower down. In view of the materials placed before us and the discussion in the impugned judgment, it appears to us that the issues have been exhaustively discussed by the learned Tribunal. It will bear repetition to state that the aforesaid 5 (five) Officers against whom criminal cases were pending and had been recommended by the Committee for promotion, were not notified for promotion by the Central Government. We, therefore, do not find any merit in these two writ petitions. In the result, the writ petitions C.W.J.C. No. 1456 of 2005, and C.W.J.C. No. 2671 of 2005 are dismissed. Md. Ibrarul ( S.K. Katriar, J.) ( Vikash Jain, J. )