The Central Administrative Tribunal (CAT) has upheld the NDMC's decision to appoint a suitable candidate to the post of additional law officer while brushing off objections by other contenders on technical grounds.
The tribunal also imposed a cost of Rs 10,000 on the four contenders, one of whom was a deputy law officer with the civic body, for the "vexatious" nature of the application filed as well as their "abominable" conduct.
"Two of the applicants got promotions under the draft recruitment regulations before these were duly notified. When similar promotion was accorded to the respondent, they opposed the same by tooth and nail," the CAT comprising members Dharam Paul Sharma and N D Dayal said.
"They have gone to the extent that let their promotion be quashed but the respondent must not be promoted in the circumstances of the case. This is indicative of the vexatious nature of the application as well as the abominable conduct of the applicants," the tribunal said.
The CAT passed the order on a plea of a deputy law officer and three others seeking quashing of the order of the corporation to promote M M Kaushik to a newly created post of additional law officer with the civic body.
They opposed the promotion of Kaushik on the ground that recruitment regulations for the post of additional law officer had neither been published nor notified.
They further contended that all of them were eligible for the post but since they have been denied the same, the applicants prayed for the quashing of the appointment.
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The corporation, however, said since two of the applicants got promoted under the same scheme, they were not eligible for promotion.
It further said that the other two candidates were not even eligible for the post.
"Admittedly, Kaushik has been the senior-most deputy law officer since January 1, 1997. He is the only candidate who was eligible to be considered for the post of additional law officer in terms of the qualifying conditions," the tribunal said.
"It is a settled position in law that recruitment regulations are not a condition precedent for appointment to a post. Even in the absence of recruitment regulations, appointment to the post can legitimately be made in law in accordance with the administrative instructions that may be issued by the executive government in this regard," the CAT said.