TMI Blog1988 (9) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... llants : P. Parmeshwaran For the Respondents : G.L. Sanghi Ashok Singh and S.K Agnihotri. The Judgment of the Court was delivered by VENKATARAMIAH. J. The short question which arises for consideration in this case is whether by reason of the absence of one of the members of a Departmental Promotion Committee at a meeting convened for the purpose of making recommendations regarding the promotion of officers to higher posts in the services under the Government of India the recommendations made by the Departmental Promotion Committee at the meeting would become invalid. The 1st respondent Somasundaram Viswanath was one of the Officers of the Indian Defence Accounts Service who came within the zone of consideration for promotion to the cadre of Controller of Defence Accounts. In order to make appropriate recommendations in that behalf the Departmental Promotion Committee convened its meeting on 7.8.1986. One of the members of the said Committee was the Secretary to the Government of India, Ministry of Defence. Even though he had been informed about the date and time of the meeting, he could not be present at the meeting and in his absence the remaining members of the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Defence Accounts Service are governed by the Indian Defence Accounts Service (Recruitment) Rules, 1958 (as amended from time to time) (hereinafter referred to as the Rules ) promulgated under the proviso to Article 309 of the Constitution of India by the President of India. Under the Rules recruitments by promotion to the administrative posts in the Indian Defence Accounts Service have to be made by selection on merit with due regard to the seniority on the recommendation of a duly constituted Departmental Promotion Committee. In Appendix II to the Rules the composition of the Departmental Promotion Commit- tees for recommending eligible officers for promotion to the various grades of the Service has been set out. The Departmental Promotion Committee for purposes of promotion to Level-l and Level-II of the Senior Administrative Grade should consist of (i) the Chairman Member of the Union Public Service Commission as Chairman, (ii) the Secretary, Ministry of Defence, (iii) the Financial Adviser (Defence Services), and (iv) the Controller General of Defence Accounts as members. The Rules do not contain the details regarding the functions of the Departmental Promotion Committees, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vitiate the proceedings of the Departmental Promotion Committee provided that the member absent has been duly invited but he absented himself for some reason and that there was no deliberate attempt to exclude him from the deliberation of the Departmental Promotion Committee and that the majority of the members constituting the Departmental Promotion Committee are present in the meeting. In the instant case the only person who was absent at the meeting of the Departmental Promotion Committee was the Secretary to the Government of India, Ministry of Defence who could not attend the meeting because he had to be present in Parliament at the same time at which the Departmental Promotion Committee had to meet. The Chairman of the Departmental Promotion Committee was present and the Chairman and the other members who were present constituted the majority of the Departmental Promotion Committee. It was urged on behalf of the 1st respondent that the Office Memorandum dated 30.12.1976 which contained the various administrative instructions regarding the procedure for making promotions and the functions of the Departmental Promotion Committees being merely in the nature of administrative ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government of lndia. said Office Memorandum deals with several topics, such as of the Departmental Promotion Committees, frequency at which Departmental Promotion Committees should meet, matters to be put up for consideration by the Departmental Promotion Committees, the procedure to be observed by the Departmental Promotion Committees. the procedure o be followed in the case of an officer under suspension whose conduct is under investigation or against whom disciplinary proceedings are initiated or about to be initiated, validity of the proceedings of the Departmental Promotion Committees when a member is absent, the need for consultation with the Union Public Service Commission, the procedure to be followed when the appointing authority does not agree with the recommendations of a Departmental Promotion Committee, implementation of the recommendations of the Departmental Promotion Committees, ad hoc promotions, period of validity of panels etc. etc. The Office Memorandum dated 30.12.1976, therefore, is in the nature of a complete code with regard to the topics dealt with by it. Unless there is anything in the Rules made under the proviso to article 309 of the Constitution of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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