UNION OF INDIA Vs. SAROJ KUMAR

JUDGEMENT

(1.) HEARD Sri R.B. Singhal, learned senior advocate assisted by Sri Ashok Singh, who appeared for the petitioner and Sri U.N. Sharma, learned senior advocate assisted by Sri Srivastava, who appeared for the respondent No. 1. Arguments were advanced/heard from both sides for the purposes of passing appropriate orders on the stay application.

(2.) OTHERWISE also as affidavits are not exchanged, the Court is not in a position to finally decide the writ petition.

(3.) BY the aforesaid order the Tribunal has allowed the original application filed by the respondent No. 1 and directed the petitioners to reconstitute the D.P.C. to consider the case of the applicant for promotion on the post of Senior Administrative Grade with effect from juniors to him were promoted by ignoring uncommunicated adverse A.C.Rs. and by considering the preceding year A.C.R. in view of the law laid down by the Principal Bench in the case of H.S. Acharya v. Union of India and others.