Contempt case
kumarjainn
(Querist) 27 December 2011
This query is : Resolved
sir
I was not considered for promotion in the year 1998. The Delhi high court gave judgement in my favour. Vide court order the department directed me to appear before the review Assessment Board, for the year 1998. The board declared me 'not yet fit' for promotion.
I needed 60% marks in the Board for being declared fit for promotion.
Supreme court in various judgemnt has given the following ruling.
1. The interview marks cannot be more than 10-15% of the total marks of written examination/Marks of ACR.
2. Result should be declared after considering the total marks of
1 written examination/ACR marks
2.interview
In my case i had obtained 778/800 marks in ACR.
marks for ACR = 800
marks for interview = 100
Total = 900
60% of 900 = 540
Since I have obtained more than 540 marks (782 marks ) in ACR itself the deparment should have declared me fit for promotion. Thus deparment has wrongly complied the judgement. can I file contempt of court.
R.Ramachandran
(Expert) 27 December 2011
Is it your contention that if you score 800 out of 800 in ACR and score 0 against 100 in the interview, still you are eligible for promotion? Does the Rules say so? Is it the true spirit of the provisions?
More over, you have been going round in circles in your case right from the beginning. While you want relief, you are not ready to decide which course of action to be taken.
Originally we suggested to you to approach the Court and to seek clarification as to the meaning of the order, since there is no DPC in your case, the promotion is based on interview. Since it is based on interview, how the same can be done now when so much water had already flown, that you had been subsequently promoted. These things have cropped up since you did not tell the Court at the time of your case that the promotion is based on interview and not purely ACR. If only you had disclosed this fact to the court, perhaps the order might have been moulded according to the fact situation. Having missed the bus, you cannot possibly say that there is any contempt of the order by the department, when in fact it had conducted the review in your case by holding the interview. The only procedure known to the department for considering the people for promotion is ACR + interview. Which the department did after the court order. Hence, where is the Contempt in it?
Just because you have not been declared fit, cannot mean that there is any contempt.
Yes, if you feel that on the basis of the ACR+interview since you were well past the minimum required percentage of marks say in this case 540, and yet you have been denied the promotion, you can file a case staking your claim, but certainly no contempt petition lies.
kumarjainn
(Querist) 27 December 2011
Sir
thanks
having missed the bus once i was not getting proper point for filing a case in court to get back my promotion from the year 1998.
Now after digging so much I have got one point which can get me relief and which seem to be appreciated by you as well. I will have to file a new case in CAT (Central Administrative Tribunal) itself or I can file in High court. A new case will take again ten years. Is it worth proceeding.
kumarjainn
(Querist) 27 December 2011
sir
if i give represetation to the department refering to the supreme court cases that I should have been declared fit for promotion since i have obtained more than 540 marks (in interview + ACR) will the department accept the ruling of supreme court or I will have to approach the court for getting the judgement in my favour
Guest
(Expert) 27 December 2011
Dear Ramachandran,
Before stretching the thread long, it would be better, if you plese go through the various replies on the following link pertaining to abother thread of the querist on the matter of his promotion. That has already been stretched long. You have also contributed on that thread. Probably the querist was not satisfied with the earlier replies by the experts, which led him to open a new thread.
http://www.lawyersclubindia.com/experts/Promotion-denied-246056.asp
Probably, his advocate is misleading him to some extent by misinterpreting the contents of the previous judgment just to create another fresh case for himself.
However, you may like to satisfy him, after understanding the background of the case properly. In my views, the departmental authorities acted in accordance with the orders of the court and contempt case if launched may get bounced back on the querist himself.
kumarjainn
(Querist) 27 December 2011
sir
thanks for seeing you again
You suggest i cannot file contempt of court case. At the same time you suggest a new case is also not possible. Should I have to seek clarification from the high court . Pl. elaborate what action should I take ?
Guest
(Expert) 27 December 2011
I have already given my views in the previous thread. Please don't think as if I am against your getting justice. What I feel is that there was laxity on the part of your advocate for not pointing out the contradiction in the order and and getting proper clarification of the judge then and there while he received copy of judgment. In my views, your contempt case against the department may probably not succeed, as there is a a safe heaven for them in the language of the judgment, itself.
Let Mr. Ramachandran also review your case with reference to the replies on previous thread.
R.Ramachandran
(Expert) 27 December 2011
Dear Mr. Dhingra,
I completely recall the queriest's earlier thread and the detailed discussions.
That's why I could immediately connect with the matter and point blank inform him that there is no 'contempt' involved in the matter.
I have only told him that in case he feels that based on the 60% marks which got (778 out of 900) he ought to have been promoted in the first instance itself, then he has to file a separate case and not a contempt petition.
kumarjainn
(Querist) 27 December 2011
sir
pl. inform in which court I have to file the case for direction for promotion on the ground that I have obtained more than 540 marks in (interview +ACR).
1. CAT (Central Administrative Tribunal)
2. High COurt Delhi
(i) Writ Petition
(ii) Clarification in old writ petition
Guest
(Expert) 27 December 2011
@ Shri Ramachandran
Thanks for response please.
Sudhir Kumar, Advocate
(Expert) 27 December 2011
How can one inform you where to file the case when you are not even disclosing who the employer is. You may also have to see the recruitment rules of the post befoere challanging non-promotion.
Devajyoti Barman
(Expert) 27 December 2011
Yes I agree.
The author must come out with details as sought for.
kumarjainn
(Querist) 27 December 2011
sir
I am employed in Govt. of india and the promotion rules are framed under article 309 of the constitution of India.
The case was dicided by High court Delhi WP(C) 4545/2000 date of judgement 7.7.11
Advocate. Arunagiri
(Expert) 27 December 2011
You can file a case in CAT.
My opinion is that, even if you get more score in ACR, you should have scored in interview also.
If the minimum percentage is 60% (ACR + Interview), It doesn't mean that interview score can be Zero.
What is your actual score in Interview.
kumarjainn
(Querist) 28 December 2011
sir
i do not know the score of interview. As per staturary rule I should get 60% marks in the interview to be declared fit for promotion.
The case relates to 1998. The deparment vide their letter intimated that i have to brief my work report to the assessment board and not to appear for assessment/interview. But the review assessment board, 1998 declared me not yet fit for promotion for the year 1998. For my work report the department had given me 78% marks in appraising my ACR in all the five years period then how the review assessment board can give me less than 60% marks for the same work report that too by not taking my interview. Do this not prove that the board was baised against me and was determined to declare me not yet fit for promotion.
kumarjainn
(Querist) 28 December 2011
sir
in manjurani routar vs National information WP(C) No. 7080/2005 Orissa High court has ruled that:
In Flexible complementary scheme system the result has to be declared after adding the marks of ACR + Interview.
In this case the petitioner had obtained 90% marks in the ACR but got only 70% marks in the interview. As the performance in the interview did not match with the marks obtained in ACR i.e. 90% the petitioner was not declared fit for promotion.
kumarjainn
(Querist) 28 December 2011
sir
i have come to know now that the case of manjurani vs. NIC in which the High Court, Orissa has given the ruling that result has to be announced after adding the marks of (ACR + Interview) has been challanged by the govt and is pending in supreme court. The last date of lising was 25.3.2010. the case was listed for final hearing on that date. since then it is pending. what happened is not known.
in this circumstances can i file my case on the same ground in CAT.
kusum gupta
(Expert) 29 December 2011
you can challenge the not yet fit decision of the committee in cat or first appeal to the next authory in the department.
kusum gupta advocate
