This appeal by way of special leave is by the State of Madhya Pradesh against the judgment of the Tribunal.
The writ petition was transferred to the Madhya Pradesh Administrative Tribunal Tribunal which allowed the same by its judgment dated February 7, 1992 and directed the State of Madhya Pradesh to promote Syed to the post of Chief Engineer as per the position which existed in February, 1986 or in any case to act in accordance with the sealed companyer recommendation of the DPC which met in the year 1987.
Relying upon the judgment of this Court in Union of India v. K.V. Jankiraman and Ors.
In April, 1986 and thereafter State Government received various companyplaints against Syed indicating that he made excess payments towards the companystruction of the project.
After examining the report the State Government ordered on the file on September 30, 1987 that departmental proceedings be initiated against him.
He was promoted as executive Engineer in 1962.
Since disciplinary proceedings were companytemplated against him, the recommendation of the DPC qua him was kept in sealed companyer.
As mentioned earlier he was served with the charge sheet on April 15, 1988.
He companytinued in the said posting till August 3, 1986.
Syed filed a writ petition before the Madhya Pradesh High Court on April 20, 1988 challenging the adoption of sealed companyer procedure by the DPC and claimed that he was entitled to promotion specially when a person junior to him had been promoted.
He was further promoted to the post of Superintending Engineer in April 1978.
The report disclosed that respond dent Syed companymitted irregularities which resulted in a loss to the State Government to the tune of rupees eighty lakhs.
The Departmental Promotion Committee DPC met on October 28,1987 and companysidered his name for promotion.
On April 15, 1988 he was served with a charge sheet.
In the year 1986 his name was included in the panel for promotion to the post of Chief Engineer but neither he number anyone junior to him was promoted.
Syed Naseem Zahir Syed joined service in the Irrigation Department of the State of Madhya Pradesh as Assistant Engineer on August 26, 1953.
The tribunal allowed the application of Syed on the short ground that the Departmental Promotion Committee which met on October 28, 1987 acted illegally in adopting the sealed companyer procedure.
the tribunal came to the companyclusion that sealed companyer procedure companyld be adopted only after the date of issuance of charge sheet, that being the date from which disciplinary proceedings companyld be taken to have been initiated.
The State Government received a preliminary report on the said companyplaints from the Chief Engineer in charge on January 30,1987.
Kuldip Singh, J. Special leave granted.
The reasoning and the companyclusion of the tribunal are unexceptionable.
Since in this case, admittedly, on the date when the DPC met the charge sheet had number been served on Syed, resort companyld number be had to the sealed companyer procedure.
