UNION PUBLIC SERVICE COMMISSION vs BHARAT LAL MEENA & ORS.

Judgment text excerpt

$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17326/2024 & CM APPL. 73773/2024 UNION PUBLIC SERVICE COMMISSION .....Petitioner Through: Mr. R.V. Sinha, Adv. versus BHARAT LAL MEENA & ORS. .....Respondents Through: Mr. Ranjit Sharma, Adv. Mr. Gaurav Dhingra and Mr. Shashank Singh, Advs. for R-2 and 3. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 06.02.2025 C.HARI SHANKAR, J. 1. The respondent was appointed as Trained Graduate Teacher with the Directorate of Education, Government of National Capital Territory of Delhi, in 1993. He was promoted as Vice Principal on 28 December 2012. 2. The respondent was considered for promotion, by a Departmental Promotion Committee1 constituted by the Union Public Service Commission2 on 31 May 2023 for promotion to the post of Principal. The DPC found the respondent unfit. 1 ―DPC‖ hereinafter 2 ―UPSC‖ hereinafter Signature Not Verified Signed By:MEENU W.P.(C) 17326/2024 Page 1 of 11 KALRA Signing Date:12.02.2025 13:03:57 3. Aggrieved thereby, the respondent moved the Central Administrative Tribunal3 by way of OA 52/2024. By the impugned judgement dated 11 September 2024, the Tribunal has allowed the OA. 4. Aggrieved thereby, the UPSC has approached this Court by means of the present writ petition. We have heard Mr R.V. Sinha for the UPSC. 5. Having done so, we find the impugned judgement of the Tribunal to be unexceptionable. 6. Prior to the meeting of the DPC, consequent to disciplinary proceedings, the respondent had been imposed a minor penalty, on 30 September 2020, of reduction to a lower scale in the time scale of pay by one stage for a period of one year without cumulative effect and without any adverse effect on pension. Inasmuch as the penalty was for one year without