R M UPADHYAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) R. A. Sharma, J. Petitioner is Commandant of the Central Industrial Security Force (hereinafter referred to as the Force ). Next higher post to which the petitioner can be promoted is the post of Deputy Inspector General of the Force, which s a selection post, the Promotion to which is to be made on the basis of merit by the Departmental promotion Com mittee (hereinafter referred to as the DPC ). The DPC met on 24-1-1994 and recommended the petitioner's name for promotion to the post of the D. I. G. , but before he could actually be promoted, a charge sheet dated 23-6-1994 was issued to him, with the result that the recommendation of the DPC for his promotion has been kept in sealed cover and the peti tioner has been informed by a letter dated 25-1-1995 that in view of the adoption of the procedure of the sealed cover, the appointing authority has withheld, his promotion to the rank of the D. I. G. Being aggrieved, peti tioner has filed this writ petition.

(2.) RESPONDENTS have filed counter and supplementary counter-affidavits and the petitioner has filed rejoinder affidavit is reply thereto. We have heard the learned counsel for the parties.