QUESTION REMAINS.... ANSWER VARIES...

Board vide its letter dated 04-Nov-2015, communicated to all the Cadre Controlling Authorities to transfer all the petitions filed in the respective Zonal CAT to Principal CAT, New Delhi. Accordingly, transferring of all the petitions are in progress. 

Meanwhile, CBEC vide its letter dated 04-Dec-2015 sought for a reply to the Lok Sabha Parliamentary Question No. 4963, whether instructions contained in OM No. 36012/45/2005-Estt(Res) dated 10-Aug-2010 were implemented in CBEC & CBDT.  

In CBEC, it is learnt that all the Cadre Controlling Authorities have replied in the positive about its implementation.

As regards to the OM No. 36012/45/2005-Estt(Res) dated 10-Aug-2010, the Punjab & Haryana High Court vide its order CWP No. 13218 of 2009 (O&M) dated 15-July-2011 in the case of Lachhmi Narain Gupta And Others vs Jarnail Singh And Others has squashed the said OM.

The operative part of the order is reproduced below :-

“40. …….. Likewise, the instructions dated 10.8.2010 (P-16) are hereby quashed because they are in direct conflict with the view taken by the Constitution Bench in M. Nagaraj's Nagaraj's case (supra) and Suraj Bhan Meena's case (supra).” 

This fact has also been acknowledged by the Board in Para 3 of their letter dated 15-Feb-2012 issued under F.No. C-18012/23/2010-ADIIIB, which is reproduced below :-

“3. The present status as informed by the DoPT is that the provisions of their O.M. No. 36012/45/2005-Estt(Res) dated 10.08.2010 have been quashed by the Hon’ble High Court of Punjab & Haryana in the matter of Lacchmi Narain Gupta Vs Jarnail Singh. ……”

As regards to reservations in promotions, the Board has filed an affidavit in the CAT stating that they will act as per the “rule of the land”, and is in consultation with the Law Ministry to ascertain what is the “rule of the land”.

Even after getting a clear cut reply from the Law Ministry about the “rule of the land”, CBEC  is still on silent mode. Further, in this regard, the Hon’ble FM’s reply to a Rajya Sabha question is annexed.

 

 

It is learnt that in CBDT, the said OM is not implemented.

It is surprising to learn that the Govt. of India spends a lot of money on training its officers by sending them abroad. But it is unfortunate to watch them when they are unable to take/give a coherent decision in the matter. The matter is lingering on in CBEC due to in-decisiveness.

We hope that good sense will prevail and post lying vacant will be filled up at the earliest.

**************