Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- -- S. 4-Limitation-Departmental appeal/representation remaining unresponsed-Appeal before Tribunal filed after lapse of prescribed period of 120 days and liable to dismissal as time barred-Positive decision on departmental representation taken but not communicated to appellant before filing his appeal before Tribunal-Appeal having been filed prior, in circumstances, held, had matured with issuance of order of departmental authority regarding rejection of represen­tation-Appeal, in circumstances, held, maintainable and objection as to limitation rejected. (b) Civil service-- -- Adverse remarks in A.C.R.-Remarks recorded by officer against whom reported officer claiming seniority-Report countersigned by officer not figuring as countersigning authority according to distribu­tion of work-Second countersigned officer completely disagreeing with such remarks-Posting of appellant (reported officer) under his junior, in circumstances, held, clearly unfair and against recognised norms of administrative propriety-Service Tribunal accepting prayer for expunction of such remarks-Service Tribunals Act (LXX of 1973), S, 4 Civil service - ---Appointment-Rules providing 33% of posts to be filled by pro­motion and promotions to be made prior to making direct recruitment-Post held by ex-cadre officer on deputation for about 7 years-­Department in circumstances, held, not justified in ignoring claim of senior most-Service Tribunal directing Department to consider promotion of senior most departmental officers to fill the post ­Service Tribunals Act (LXX of 1973), S, 4 Appellant in person. Syed M. Shahudul Haque, State Counsel for the State. Date of institution: 23rd July, 1981. JUDGMENT A. O. RAZIUR REHMAN (MEMBER).-The appellant joined the Plan­ning Division as Assistant Chief (Grade-18) on ad hoe basis on 13th February, 1968. Having been placed on regular basis, on the recommenda­tion of the Central Public Service Commission, he was appointed as Assistant Chief, Industries and Commerce Section, in the Planning Division, with effect from November 21, 1968. On 26th March, 1970 he was pro­moted as Deputy Chief (Grade-19) and is still…

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