KUMAR KRISHNANAND BHAGAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner approached this Court with the following prayers.

(2.) The brief fact of the case as revealed in the instant writ application is that the petitioner, a member of Indian Postal Services, 1984 Batch while he was posted at Kolkata, was served with a charge-memo on 5/9/2003 and disciplinary proceeding was initiated against him, which subsequently culminated into exoneration of the petitioner on 30/9/2010. The petitioner was due for his promotion in the year 2007 for the post of Postmaster General (SAG) but since the departmental proceeding was pending against the petitioner, his case was put under 'sealed cover' by the DPC which was held on 5/2/2007.

(3.) Learned counsel for the petitioner submits that since the promotion of the petitioner to the post of Postmaster General could not be granted to him on 12/1/2011 and 10/6/2011, he submitted representation dtd. 10/6/2011 before the departmental authority explaining his grievances and requested for granting him promotion due to him along with his batch mates from the year 2007 and also relied on the notification dtd. 11/5/1990 issued by the DOPT which specifically stipulates the guidelines that if the remarks has been recorded in any of the CRs pertaining to three immediately preceding years prior to the year in which the DPC is held, the Cadre Controlling Authority concerned shall communicate the adverse remarks to the officers concerned so that he may have an opportunity to make a representation against the same.