Samta Andolan Samiti: RBE No.117/2016 – Contempt Petition
No.2016-E(SCT)1/25/8, dated 30.09.2016
Sub: Contempt Petition (C) No. 314/2016 in SLP (C) No. 4831/ 2012- Samta Andolan Samiti through President Vs. Sanjay Kothari & Ors.
Ref: (i) DOP&T’s O.M. No.36012/45/2005-Estt.(Res.), dated 10.08.2010;
(ii) Board’s letter No.2010-E(SCT)I/15/13, dt. 01.09.2010 (RBE No.126/2010);
(iii) Learned Solicitor General of India’s DO letter No.SG/2/2016-262(I), dated 29.09.2016 addressed to the Cabinet Secretary with a copy endorsed to Chairman Railway Board and Secretary, DOP&T w.r.t. Contempt Petition (C) No.314/2016 in SLP(C) No.4831/ 2012.
The aforesaid Contempt Petition (C) No.314/2016 in SLP(C) No.4831 of 2012 came up for hearing on 29.09.2016. In follow up of hearing of the above mentioned contempt case, Shri Ranjit Kumar, the Learned Solicitor General of India vide his letter No.SG/2/2016-262(I), dated 29.09.2016 has communicated and advised M/o Railways as under:-
“…..After hearing the matter for sometime, the Court felt that the main matter is required to be decided and therefore, adjourned the Contempt Petition to be decided along with the main matters and fixed the date of hearing for 22.11.2016 as the first case. The court stated that if the Solicitor General wants to make a statement that no further promotions of reserved category persons to unreserved posts will be made relying on the circulars dated 10.08.2010/ 14.09.2010, then they would not pass any farther interim order. I informed the court that the Government would not pass any further order of promotion relying upon either of these two circulars or on
the basis thereof. I also conveyed to the Court that I will write a letter informing of about my statement to the Court to you and to the Secretary, DOP&T and the Chairman, Railway Board. That is why 1 am addressing this letter to you so that all the Departments are conveyed of the assurance given in the Court that in the matter of making any promotion of a reserved category officer/ employee the Department concerned would not rely upon or make the basis of such promotion to an unreserved post based on the circulars dated 10.08.2010 and 14.09.2010 and that any violation thereof will bring about a definite contempt …………..”
(Circular dated 14.09.2010 as quoted by the Ld. SG be read as 01.09.2010 which is RBE 126/2010 dated 01.09.2010 issued based on DOP&T’s O.M. dated 10.8.2010)
In view of the above assurance, received from the Ld. Solicitor General of India, it is advised that Railway Board’s RBE 126/2010, dated 01.09.2010, is held in abeyance with immediate effect till further advice, and all further promotions of reserved category persons to unreserved posts will now be made by ignoring Railway Board’s RBE No.126/2010, dated 01.09.2010 which in turn was based upon the DOP&T’s OM dated 10.08.2010 & under reference No. (i) & (ii) above. However, all promotions order henceforth shall be subject to outcome of the main SLPs and the above mentioned contempt petition which are still pending.
The above may please be brought to the notice of all concerned for information and strict compliance.
Download Railway Board Circular RBE No.117/2016
Forward reference ⇒ RBE No.