BIR SINGH CHAUHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE learned counsel for the respondent was directed to produce the record and to file the counter; but neither counter has been filled nor the record has been produced. In the se circumstances, we are constrained to proceed on the basis of the material on record.

(3.) WE wanted to examine the record to ascertain whether the re is any substantial case against the appellant. The respondents have neither filed counter nor produced the record. Under the se circumstances, we are constrained to accept the case of the appellant that he is entitled to be considered for promotion under the Rules. We direct the Government to consider his case for promotion on the basis of his service record within four months from the receipt of this order. While doing so, the Government will exclude the material relating to his inspection report.The appeal is accordingly allowed. No costs.