Consider claim of 2 officers for one post, CAT tells govt

Tribune News Service

Chandigarh, January 20

The Central Administrative Tribunal (CAT) has directed the Punjab Government to consider the claim of two IFS officers for the post of Head of Forest Force, Department of Forest and Wildlife Preservation.

The order came on an application filed by Jitendra Sharma, Principal Chief Conservator of Forests (Head of Forest Force). Sharma had submitted that in 2014, he was sent on Central deputation. Steps were initiated for his promotion to the post of Principal Chief Conservator of Forests. It was stated that though Kuldeep Kumar, Principal Chief Conservator of Forests, (Wildlife), was junior to him, he was appointed as Head of Forest Force on the ground that he (Sharma) was not immediately available.

On the completion of the deputation, the applicant made a representation to the government stating that when he was very much available and willing to serve as Head of Forest Force, there was no basis to appoint Kuldeep Kumar, who was junior to him.

It was also stated that on the representation of the applicant, the government had passed an order dated August 28, 2017, extending the benefit of proforma promotion and posted him as Head of Forest Force.

However, the government passed an order on August 9, 2019, transferring and posting him as Managing Director, Punjab State Forest Development Corporation, and again posting Kuldeep Kumar as Head of Forest Force. The applicant challenged the order.

In response, the government submitted that Kuldeep Kumar was appointed as Head of Forest Force in 2014, as the applicant was on Central deputation. It was stated that though he was given proforma promotion after he returned in October 2017, he was posted as Head of Forest Force replacing Kuldeep Kumar and that on realising the mistake, the government took corrective steps. It was stated that there was no illegality in passing the impugned order.

On August 13, 2019, the Tribunal passed the interim order staying the operation of the impugned order. The applicant challenged the order dated August 9, 2019.

Vacating the interim order dated August 13, 2019, the Tribunal directed the government to consider the claim of Sharma vis-à-vis Kumar in the context of the posting and pass a fresh order within three weeks from the date of receipt of a copy of this order.

Join Whatsapp Channel of The Tribune for latest updates.