KRISHAN GOPAL PURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioneris aggrieved by the order dated August 1, 1989 by which he has been informed that in pursuance to the result of Selection Board held on July 25, 1989, he has not been placed in an acceptable grade for promotion. This consideration was based on the petitioner's record upto the year 1979-80. The petitioner's representation dated November 16, 1989 was rejected vide orders dated December 26, 1989. Copies of these two orders are attached as Annexure P. 8 and P. 9 to the writ petition.

(2.) The petitioner had originally challenged his supersession through CWP No. 10222 of 1988. The two-old grievance made in this petition was that his confidential reports did not correctly represent the overall career profile of the petitioner and had been written with some extraneous consideration. Secondly, the petitioner had claimed that under Regulation 69, the claim for promotion had to be considered in order of seniority and the cases of officers, who were superseded for promotion had to be kept under review. As a consequence, the petitioner had submitted that the regulation did not lay down that the claim to be considered only on three occasions and thereafter, the officer was not considered for promotion. On the basis of the above he had inter alia prayed as under:-

(3.) In spite of numerous opportunities having been given to the respondents, no written statement was filed. The writ petition was consequently allowed by the Division Bench on May 3, 1989 with the following order :-