' CH. HASAN NAWAZ (MEMBER).--The request in the present appeal under section 4 of the Service Tribunals Act, 1973 is for a declaration that the appellant is entitled to be considered for promotion to the post of Accounts Officer.
2. It is pleaded that he was ignored for the first time in 1986 when certain. Other Inspectors (Coaching and Goods) Junior to him were promoted as Accounts Officers and that he was not considered fit for promotion probably because of adverse entries in his Annual Confidential Report pertaining to the period from 1-1-1981 to 31-12-1981. Thereafter, on subsequent occasions too, he was again ignored and other Inspectors were promoted to the aforementioned posts of Accounts Officers. He made representations against these promotions on 18-10-1986 and 10-7-1987, but these were turned down on the ground that no appeal/representation was competent.
3. It appears from his pleadings that he made further representations requesting that he may be promoted. He was also granted an interview by respondent No,2 on 15-12-1987 during which he was told that he is being ignored because of adverse entries in his ACR. Finally, he was informed by letter dated 20-5-1988 that his representation regarding promotion was not competent and that he could not challenge the order in respect of determination of his fitness to be promoted to a higher post.
4. It is thus clear that he was considered for promotion but disregarded by respondent No,2 because of the presence of adverse entries against him in his ACR. The appeal is, therefore, incompetent under Section 4(1)(b) of the Service Tribunals Act, 1973, which provides that no appeal shall lie to a Tribunal against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grade; which is in addition to the fact that he has failed to come to the Tribunal within thirty days of the communication of order on 20-51988 rejecting his representation.
5. For the above reasons, the appeal is dismissed in limine as being Incompetent and time-barred.