GAMBHIR SINGH CHAHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner on I. A no. 13324/2007 for condonation of delay. For the reasons mentioned therein, the application is allowed. With the consent of learned counsel for the parties, the matter is heard finally.

(2.) IT is submitted by the learned counsel for the petitioner that his petition had been allowed by this Court vide order dated 1. 3. 2007, directing the respondents to convene a review DPC and consider his case for promotion on the post of Naib Subedar as on April 2006. The respondent authorities have assailed this order before the Division bench of this Court by filing a Writ Appeal which is registered as W. A no. 620/2007.

(3.) IT is submitted that in the grounds taken by the respondents in the appeal they have, for the first time, brought on record the fact that the petitioner was not entitled to promotion as a Departmental proceeding was pending against him which culminated in imposition of punishment vide order dated 15. 7. 2006 and that it is for this reason that the petitioner was found ineligible for promotion when his case was examined consequent to the order passed by this Court in W. P no. 12797/2006 (S) dated 1. 3. 2007.