The Central Administrative Tribunal (CAT) has dismissed the appeal of Sudhir Kumar Agrawal, Principal Chief Conservator of Forests (Wildlife) challenging the promotion of a junior officer, V.Srinivasa Rao, to the position of Principal Chief Conservator of Forests (Head of Forest Force) in the Apex Scale. The order was delivered by the judicial member Justice Akhil Kumar Srivastava and administrative member Kumar Rajesh Chandra. Agrawal, represented by Advocate Akshat Agrawal, filed an application against the order dated September 4, 2023, which promoted Rao, an officer from the 1990 IFS batch, despite Agrawal’s seniority and consistent Outstanding performance ratings. Agrawal, a 1988 IFS batch officer, argued that Rao’s promotion was discriminatory and violated the principle of No Supersession in Selection/ Promotion as outlined in the Department of Personnel and Training (DoPT) memorandum dated February 8, 2002. Agrawal contended that his outstanding service record and seniority made him the rightful candidate for the post. He pointed out that Rao, being junior and holding the position of Principal Chief Conservator of Forests (Level 16) only since January 1, 2022, was ineligible for the promotion to the Level 17 Apex Scale before July 15, 2024.

 

Agrawal alleged that the selection process was influenced by political interference and arbitrary decisionmaking. The respondents, represented by Senior Advocate Naman Nagrath and Pawan Kawre, argued that the selection process adhered strictly to the guidelines and rules. They emphasized that the Special Selection Committee (SSC), constituted according to MoEFCC guidelines dated April 16, 2009, selected Rao based on merit, not seniority. The SSC included the Chief Secretary of Chhattisgarh, the Principal Secretary (Forests), and a nominated PCCF, and it evaluated the candidates’ Annual Confidential Reports (ACR) for the past five years. According to the respondents, Rao’s average ACR grading was 49.62 out of 50, compared to Agrawal’s 48 out of 50, justifying Rao’s selection as the most meritorious candidate. They also clarified that the selection process for the HoFF (Apex Scale) position is not bound by the DoPT’s seniority guidelines but by merit-based evaluation as per the Indian Forest Service (Pay) Rules, 2016. The Tribunal, after reviewing the submissions and evidence, upheld the respondents’ arguments. It concluded that Rao’s promotion was based on merit, as evidenced by his superior ACR ratings over the last five years.

 

The Tribunal dismissed Agrawal’s claim of arbitrary and discriminatory actions, stating that the SSC’s decision did not involve any procedural lapses or irregularities. The Tribunal also addressed Agrawal’s challenge to the SSC’s composition, noting that the serving PCCF’s voluntary retirement necessitated an alternative member, which did not invalidate the committee’s proceedings. The Tribunal highlighted that Agrawal did not question the committee’s validity until after Rao’s promotion, indicating a reactionary challenge rather than a substantive procedural objection. In its final ruling, the CAT dismissed Agrawal’s application for lack of merit, affirming that the selection of Rao was conducted in accordance with established rules and based purely on merit. This ruling underscores the judiciary’s role in upholding transparent and fair administrative processes while addressing grievances within the public service framework.