This document details the order regarding the appointment of Sh. Ashish Saxena to the Indian Administrative Service (IAS) cadre of Madhya Pradesh. Initially, his induction into the IAS was hindered due to a penalty, but following a review by the Central Administrative Tribunal (CAT) and subsequent reconsideration by the Union Public Service Commission (UPSC), the penalty was quashed. The Review Selection Committee recommended his inclusion in the Select List of 2011, and his name has been inserted accordingly, with effect from October 8, 2013, and his year of allotment revised to 2003. The order outlines the sequence of events, including the original appointment, the CAT proceedings, the review process, and the final decision.
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No. 14015/35/2019-AIS(I)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
New Delhi $29^{H}$
August, 2019
ORDER
Whereas, Sh. Ashish Saxena, a State Civil Service officer of Madhya Pradesh was appointed by promotion to the Indian Administrative Service vide this department’s Notification No. 14015/13/2015-AIS.I(B) dated 22.12.2015 from the Select List of 2012;
And whereas, on the basis of his appointment from the Select List of 2012 and also on the basis of holding continuous service in the State Civil Service not below the rank of Deputy Collector or equivalent as 13.06.1988, he was assigned 2005 as his year of allotment in IAS vide this department’s order No. 14014/3/2007-AIS.I dated 17.05.2018;
And whereas, Shri Ashish Saxena had filed OA No. 200/00789/2014 before the Hon’ble CAT, Jabalpur Bench with a prayer to command the respondents to forthwith convene a review DPC for considering the case of the applicant for induction into IAS cadre of Madhya Pradesh as against the Select List of 2011.
And whereas, the factual position was that the Select List of 2011 was prepared against 21 vacancies. The zone of consideration was 66. The name of Shri Ashish Saxena was placed at SI. No. 22. The Selection Committee did not recommend his name as he was assessed as ‘unfit’ due to penalty of withholding of one increment without cumulative effect w.e.f. 01.07 .2010 to 30.06 .2011
And whereas, The Hon’ble Tribunal vide its order dated 06.09.2018 allowed the above mentioned O.A. with the following directions:
“11. In the instant case, the Selection Committee held on 14.09.2013 did not find applicant fit for the promotion to the IAS cadre as the applicant was imposed with the penalty which was later on quashed by the revisionary authority. The same has been brought to the UPSC vide letter dated 09.12.2014 ibid.
12. Accordingly, the Original Application is allowed. Respondents are directed to convene a review DPC for considering the applicant’s case for inclusion into IAS cadre of Madhya Pradesh as against the Select List of 2011 and it found suitable, the applicant to be promoted inducting him name in appropriate place in the said Select List of 2011, with all consequential benefits. No costs.”
And whereas, in compliance with the above order, a Review Selection Committee Meeting was convened by UPSC on 27.03.2019 to reconsider the name of Shri Ashish Saxena for inclusion in the Select List of 2011 for promotion to IAS, Madhya Pradesh Cadre.
And whereas, The Review Committee were informed that on his appeal, the aforesaid punishment was quashed by the appellate authority vide order dated 12.08.2018.
And whereas, on an overall assessment of his service records, the Review Committee recommended that the name of Shri Ashish Saxena (Date of Birth: 11.09.1962) at SI. No. 11A above the name of Smt. Alka Shrivastava and below the name of Shri Vinod Kumar Sharma in the Select List of 2011 for promotion to the IAS, Madhya Pradesh Cadre.
And whereas, the recommendations of the Review Committee, have since been approved by the Union Public Service Commission on 10.06.2019.
Now therefore, in pursuance of directions of Hon’ble CAT, Jabalpur Bench contained in it’s order dated 06.09.2018 in OA No. 200/00789/2014 Shri Ashish Saxena (Date of Birth: 11.09.1962) shall be deemed to have been appointed to the IAS Cadre of Madhya Pradesh from the Select List of 2011 w.e.f. 08.10.2013 viz the date from which his immediate junior in the Select List Smt. Alka Shrivastava was appointed to IAS. His name shall now accordingly be inserted at SI. No. 8A in this department’s Notification No.14015/13/2012-AIS(I)B dated 08.10.2013. Consequently, Shri Ashish Saxena would be entitled year of allotment as 2003.
(By order and in the name of the President)
(Pankaj Gangwar)
Under Secretary to the Government of India
Copy to:
- The Chief Secretary, Government of Madhya Pradesh, Bhopal. [ Kind Attn. Smt. Archana Solanki, Deputy Secretary]. A copy of the above order may please be communicated to the officer concerned.
- The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi (Kind Attn. Sh. K.V. Gaur, Joint Secretary).
Internal Distribution: US(S.II)/US(S.III)/RO(CM)/NIC with request to upload the order on the website of DOPT / Guard File.