GOVERNMENT OF NCT OF DELHI Vs. ANIL KAUSHAL

JUDGEMENT

(1.) THE present petition challenges the order dated 23.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal') whereby the Tribunal while allowing O.A. No.4529/2011 filed by the respondent herein issued directions to the petitioner (Government of NCT of Delhi) to hold a review Departmental Promotion Committee (DPC) in order to consider the respondent for promotion to the ex-cadre post of DANICS on ad hoc and emergent basis from the date his juniors were so promoted.

(2.) THE facts as are necessary for the adjudication of the present petition are adumbrated below:-

(3.) THE respondent in his said O.A. before the Tribunal averred that promotions made by virtue of the order dated 19.10.2011 were based on the recommendations of the DPC which had been convened on or before 19.10.2011 and that till that date no disciplinary or criminal proceedings were commenced against him and, therefore, the petitioner's action of denying the respondent his promotion was bad in law and liable to be set aside.