STATE OF PUNJAB Vs. HARSH KUMAR

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 11.11.2013, whereby an Original Application filed by Harsh Kumar - respondent No.1 (for short 'the applicant') was allowed and the present petitioners were directed to open sealed cover and consider the case of the applicant for promotion to the post of Chief Conservator of Forest. It was also ordered that the petitioners will take into account the fact that there was nothing against the applicant on the date of the first meeting of the Selection Committee for promotion.

(2.) The brief facts leading to the present writ petition are that the applicant joined Indian Forest Service on 27.05.1985 and was allocated to Punjab Cadre. In a Public Interest Litigation bearing CWP No.1134 of 2004 titled 'Court on its own motion Vs. Col. B.S.Sandhu', an order was passed for demolition of a Golf Course in the reserved forest area and the matter was handed over to the Central Bureau of Investigation (CBI) to fix up the accountability. Such direction, subject matter of Special Leave Petition, which the applicant submits has since been allowed and remanded the matter to this Court for fresh decision.

(3.) In pursuance of the direction of the Division Bench in the Public Interest Litigation, an FIR was lodged by the CBI on 07.04.2006. The applicant challenged the said FIR by way of CRM No.45437-M of 2006, which was dismissed by this Court on 16.04.2009. In Special Leave Petition (Criminal) No.7647 of 2009 against the said order, the Hon'ble Supreme Court has stayed further proceedings vide order dated 12.01.2010. It is the case of the applicant that Government of India earlier granted sanction to prosecute him on 16.12.2008, but later withdrew the prosecution sanction on 04.02.2011 after consultation with the Ministry of Law.