STATE OF MADHYA PRADESH Vs. I A QURESHI

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is directed against the judgment dated 24/2/1993, passed by the M. P. State Administrative tribunal, Jabalpur bench, in OA No. 2402 of 1992 (hereinafter referred to as "the tribunal").

(3.) The respondent is employed as Executive Engineer in the Public Works Department of the government of Madhya Pradesh. Departmental proceedings were initiated against him on charges of misconduct. During the pendency of those proceedings. Departmental Promotion Committee (hereinafter referred to as "the DPC") considered the case of the respondent for promotion to the higher post of Superintending Engineer. In view of the pendency of departmental proceedings against the respondent, the recommendations of the DPC as regards the respondent were placed in a sealed cover. In the departmental proceedings, minor penalty of censure was imposed on the respondent. Thereafter, the respondent filed an application (OA No. 2402 of 1992 before the tribunal wherein he sought the relief that the sealed cover containing the recommendations of the DPC should be opened and the recommendations of the DPC be given effect to. The said application of the respondent has been allowed by the tribunal by the impugned order. The tribunal has directed that the sealed cover be opened and that appropriate orders be issued in accordance with the recommendations of the DPC and the question whether the respondent should be promoted retrospectively or otherwise should be considered on the basis of the recommendations of the DPC.