KEHAR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Facts of the case, in brief, are that on 16.08.1972, the petitioner was appointed as Constable in the Chandigarh Police. As the service record of the petitioner was very good, he was then granted next promotions and became Assistant Sub Inspector on 27.02.1978. Thereafter, on 19.07.1991, the petitioner was promoted as Sub Inspector of Police. On 19.05.2004, he was further promoted as Inspector of Police. Feeling aggrieved against the promotion of petitioner and others, respondent No. 3, Karnail Singh, filed O.A. No. 482/CH/2004, before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, seeking quashing of the promotion orders in respect of the petitioner and others and sought direction to the official respondents to promote him as Inspector. Learned Central Administrative Tribunal, after hearing the parties, vide order dated 06.06.2006 (Annexure P-5), partly allowed the aforesaid O.A. filed by respondent No. 3 by issuing a direction that a review DPC be constituted and by ignoring the penalty of 'Censure' imposed upon respondent No. 3 on 31.01.2004, he (respondent No. 3) should be reconsidered for promotion as on 20.05.2004 and also quashed the promotion of the petitioner and others. Aggrieved, the petitioner has filed the present writ petition.

(2.) Learned counsel for the parties have been heard.

(3.) Learned counsel for the petitioner while challenging the order of the learned Tribunal, laid stress on the order rendered by the Division Bench of this Court, vide which a direction was issued to the Administration to look into the matter as to how a minor punishment of warning was awarded to the petitioner when he was found guilty of a serious charge of bribery, received to change the name of the father of accused to save him from an offence of Section 376 of IPC.