GUWAHATI: In a major setback for the Assam Forest Department, the Central Administrative Tribunal (CAT), Guwahati Bench, has quashed the appointment of senior Indian Forest Service (IFS) officer Dr. Vinay Gupta as Principal Chief Conservator of Forests (PCCF), Wildlife, and Chief Wildlife Warden, holding that a senior officer was unlawfully superseded.
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The Tribunal has directed the Assam government to promote K.S.P.V. Pavan Kumar, a 1992-batch IFS officer of the Assam-Meghalaya cadre, to the post with retrospective effect from January 1, 2024.
The ruling brings an end to a prolonged legal dispute initiated by Pavan Kumar, who challenged the government's decision to overlook him despite his seniority and eligibility for the coveted position.
A Bench comprising Member (Judicial) Rajinder Singh Dogra and Member (Administrative) Sanjiv Kumar observed that Pavan Kumar belonged to the 1992 batch of the Indian Forest Service, while Dr. Vinay Gupta was from the 1993 batch of the same cadre.
“From the perusal of record, it is noted that the applicant is an officer of the 1992 batch of the Indian Forest Service, Assam-Meghalaya joint cadre, whereas private respondent Dr. Vinay Gupta is an IFS officer of the 1993 batch of the said cadre. However, the authority vide notification dated 26.11.2024 promoted Dr. Vinay Gupta to the rank of PCCF and denied promotion to the applicant. In our considered view, the decision is not sustainable,” the Tribunal said.
The Bench subsequently quashed both the November 26, 2024 notification promoting Gupta and the November 27, 2024 order denying promotion to Pavan Kumar.
Records submitted before the Tribunal showed that the Joint Cadre Authority had, on August 29, 2023, shortlisted three officers for the PCCF (Wildlife) post — R.P. Singh (1991 batch), K.S.P.V. Pavan Kumar (1992 batch) and Dr. Vinay Gupta (1993 batch). R.P. Singh was eventually appointed to the post on December 31, 2023.
After being overlooked, Pavan Kumar approached the CAT in February 2024, alleging that he had been superseded without valid justification. The Tribunal subsequently directed the government to explain the reasons behind bypassing the senior officer.
During the pendency of the case, the Assam government appointed Dr. Vinay Gupta as PCCF (Wildlife) on November 26, 2024.
The appointment came months after the Anti-Corruption Branch registered an FIR in March 2024 against certain forest officials, including Pavan Kumar. His counsel argued before the Tribunal that the pending FIR was being used as a ground to stall his promotion.
Significantly, the CAT had already observed in an order dated May 28, 2024 that promotion could not be withheld merely on the basis of a pending corruption investigation in the absence of a chargesheet. Despite that observation, Gupta was elevated to the post later that year.
In its latest order, the Tribunal reiterated that the government's decision could not withstand judicial scrutiny and directed that Pavan Kumar be promoted as PCCF (Wildlife), effectively nullifying Gupta's appointment.
“The notification dated 26.11.2024 as well as the order dated 27.11.2024 are quashed and set aside,” the Tribunal ruled while directing the authorities to grant Pavan Kumar the promotion due to him.
The Bench also imposed a cost of Rs. 5,000 on Special Chief Secretary, Forest Department, M.K. Yadav, citing repeated delays in filing responses before the Tribunal. However, it granted the department a final opportunity to submit its reply.
Pavan Kumar is presently serving as Additional PCCF (Afforestation), while Dr. Vinay Gupta has been functioning as PCCF (Wildlife), overseeing wildlife conservation programmes and field operations across Assam.
The Assam government has not yet issued any official response to the Tribunal's order, which could have significant administrative implications for the state's forest bureaucracy.