R. VELAYUDHAN Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) Special leave is granted.

(2.) The appellant, holding the post of Deputy Superintendent of Police in the Kerala State Police Service in 1988 was aggrieved by his non-inclusion in the select list prepared for promotion to the Indian Police Service. He made an application before the Central Administrative Tribunal which was dismissed by the impugned order dated 28.11.1989. An application for review also failed.

(3.) It has been contended on behalf of the appellant that the consideration of his case by the Select Committee appears to have been vitiated by the wrong assumption of a disciplinary proceeding having been started against the appellant in 1983 and he being put under suspension. No departmental proceeding was ever commenced against him and he was never suspended at all and his work was consistently found to be good. The appellant came to know about the aforesaid erroneous assumption against him only through the judgment of the Tribunal, which in paragraph 5 recorded the above-mentioned fact. The appellant, thereafter, approached the Tribunal with a review petition pointing out the error and stating the facts correctly. The Tribunal, however, refused to recall its order.