Promotion of scientific cadre officers
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
I am working in a organization of Central Govt Ministry of Govt of India.
The organization held Departmental Peer Review Committee (DPC) meeting for interview for promotion of scientific cadre officers to various scientific posts like Sc` E` to Sc`F`and Sc`F` to Sc`G`on the basis of their ACRs under old FCS(Flexible complementing scheme) of DOPT.
The regulations of the organization states as follows :
``The Departmental Peer Review Committee shall consist of the following:-
(a) Secretary, A (host organization) - Chairman
(b) Secretary, B (X 1 departt of GOI) - Member
(c) Secretary, C (X 2 departt of GOI) - Member
(d) Director, D (X 3 departt of GOI) - Member
(e) Director, E (X 4 departt of GOI) - Member
(f) Secretary, F) (X 5 departt of GOI) - Member``
Now on the day of interview, 2 members (say B & C) did not come for interviewing for some reasons. The interviews were held by chairman + 3 remaining members. There is no definition of quorum given in above clause.
1. Are the interviews held can be called legally correct for promotions
2. Or in the absence of 2 members, court can be appealed for quashing the above interview exercise as null and void
Out of Court
(Expert) 23 December 2011
Did not come (B nd C) involve various reasons defining inability may be bonafide or otherwise ... what do you u exactly want kindley place the facts in more detail for better consultation . ... or u can mail it to pandeyajitabha@gmail.com
Guest
(Expert) 23 December 2011
If there is no dissent amongs members, the DPC result by 3+1 out of the total 6 is the majority decision, and hence the select list is quite valid. Even if the other two would have participated and dissented on the selection of any candidate that would also not affect the select list prepared by the majority consent.
Raj Kumar Makkad
(Expert) 23 December 2011
Your similar query has already been replied in detail and putting similar query under new thread is not a wise step at least for you well qualified scientist.
Querist :
Anonymous
(Querist) 23 December 2011
Dear Sir,
This query indicates a new development, which was not there earlier. Hence a fresh query. Inconvenience is regretted
prabhakar singh
(Expert) 24 December 2011
okay never mind then.you have got the reply any how.
Advocate. Arunagiri
(Expert) 24 December 2011
As rightly pointed out by Mr.Dhingra, even if the B & C appear and give a different decision, the majority is going to be the final decision.
In this case already a majority 4 out of 6.
Even then the affected employee, can approach the CAT for suitable relief.
Querist :
Anonymous
(Querist) 26 December 2011
Well thanks to all the experts for opining. Advocate Shri Arunagiri has suggested for going to CAT for suitable reply. The concerned organization is a statutory body and is not under CAT. Then it that case whom should be approached and what sort of suitable relief should be prayed.
Kindly advise.
Devajyoti Barman
(Expert) 29 December 2011
Then move the High Court in its Writ jurisdiction.
