NDLI: Union of India Vs. A.r. Shinde & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Central Administrative Tribunal Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Administrative Tribunals Act, 1985 (13 of 1985)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Central Administrative Tribunal Act, 1985: Director General AIR-Appointment of-By Government by transfer of deputation-Whether valid-' I8 years' of experience in a 'supervisory capacity'- What is-Order of Tribunal set aside. Civil Services: All India Radio (Recruitment of Director General A.I.R.) Rules 1963 Schedule Columns 7(ii) 10 & 11-Director General A.l.R.-Recruitment of-' 18 years' in 'supervisory capacity'-What is-Mere fact that original appointment to the post was for period of six months and extended-Whether valid. Words and Phrases: '18 years' of experience in a 'supervisory capacity'-What is.The All India Radio (Recruitment of Director General, All India Radio) Roles, 1963 provided that the post of Director General, All India Radio be filled up either by promotion or by re-employment or by transfer on deputation, or by direct recruitment, and (i) 50% of the vacancies be filled up by promotion failing which by transfer on deputation, and failing both by direct recruitment, and (ii) 50% by reemployment or transfer on deputation or direct recruitment, the exact method of recruitment to be decided in consultation with the Union Public Service Commission on each occasion. The Additional Director General in the All India Radio who had served as such for three years was also eligible under the Rules for promotion to the post of Director General. The post of the Director General fell vacant on February 14, 1985. The authorities took recourse to make appointment to the post by transfer on deputation as there was no body eligible for promotion, including the first respondent from the grade of Additional Director General. The second respondent, who was an officer of the rank of the Additional Secretary to the Government of India, was appointed by transfer on deputation initially for a period of six months, and before the expiry of this period, his continuation for a further period of two years recommended as nobody was eligible for promotion even at and after approval of the competent authority the second respondent continuation was notified on December 10, 1985. The aforesaid order of continuation was assailed before the Central Administrative Tribunal by the first respondent, who was working as the Additional Director General, on the ground that though he fulfilled all the requisite qualifications provided in the Rules for being considered for promotion to the post of the Director General, his case was not considered and the impugned order continuing the appointment of the second respondent upto March 3, 1987 was made. The Central Administrative Tribunal held that the appointment of the second respondent was not made in accordance with the Rules, that he had not the requisite qualification for being appointed to the post and though the first respondent fulfilled the eligibility qualification, was not considered at all, and quashed the appointment of the , second respondent. It also directed that the post be filled up in accordance with the rules and that the first respondent be considered for the post. In the appeal to this Court, the findings recorded by the Central Administrative Tribunal that the appointment of the second respondent was bad on the ground that it was not in accordance with the rules and that he was not qualified to be appointed to the post, were challenged.
Judge	Hon'ble Mr. Justice B.C. Ray
Neutral Citation	1987 INSC 52
Petitioner	Union Of India
Respondent	A.r. Shinde & Anr.
SCR	[1987] 2 S.C.R. 339
Judgement Date	1987-02-19
Case Number	2732

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