Being aggrieved, the Union of India respondent No.1 herein filed a Civil Writ Petition No.15847 of 2004 before the Punjab Haryana High Court for quashing the order of the Tribunal.
3 and 1 respectively with a companydition that the name of Respondent No.5 has been included in the list provisionally, subject to his clearance in Criminal Case pending against him.
The High Court by its order impugned dismissed the Writ Petition.
The Selection Committee meeting was held on 25.1.2002 for preparation of the year wise list for the year 1999 2000 for promotion of the State Police Officers to IPS Cadre of Punjab.
It was further directed that the promotion of respondent No.5 to IPS should remain subject to the outcome of the result of criminal case pending against him.
The Central Administrative Tribunal by its order dated 15.9.2004 directed that respondent No.5 herein be given benefit of being placed in the select panel of the year 1999 2000 without taking companysideration of the pendency of the criminal case which was registered against him on 18.4.1994.
In December 1991, he was made Superintendent of Police in his own rank and pay and thereafter promoted as S.P. on adhoc basis in the year 1994.
On 22.8.2004, respondent No.5 filed O.A. No.617/PB/2000 in the Central Administrative Tribunal, Chandigarh Bench, challenging the Notification dated 9.4.2002 seeking inter alia for issuance of direction to the respondent to companysider the claim and to issue numberification of appointment of the respondent to IPS on the basis of his name being in the select list for the year 1999 2000.
In 2002, 8 vacancies were companysidered and the seniority of appellant No.1 was in serial No.24 and the appellant No.2 was in serial No.12.
RC 2 S /94 was registered against the respondent under Section 120 B, 342/365 IPC by the CBI and is pending before the Special CBI Court, Ambala.
Counsel also referred to the companynter filed by the Special Secretary, Government of Punjab, Department of Home Affairs and Justice, on behalf of the respondents No.2 and 3.
It is further companytended that had one vacancy in favour of respondent No.5 was number wrongly companysidered both the appellant number.
Hence, the present special leave petition.
In the order impugned the High Court numbericed that the criminal case was pending against the respondent NO.5 under Sections 120B, 342/365 IPC.
On 9.4.2002, a Notification was issued by the Government of India in which the name of Respondent No.5 was included in the select list of 1999 and 2000 at Serial Nos.
A case No.
Their rights to be companysidered has been deprived and, therefore, they are the aggrieved parties.
The challenge in this petition is to the order dated 3.8.2005 passed by the High Court of Punjab Haryana at Chandigarh in C.W.P.No.15847 CAT of 2004.
By a letter dated 24.3.2001, the Government of India, Ministry of Home Affairs, determined the year wise vacancies 4 for the year 1999, 3 for the year 2000, and nil for the year 2001.
Arising out of S.L.P. C No.
904 of 2006 K.SEMA,J. Leave granted.
A chargesheet was filed on 1.7.2000.
It was further directed that the promotion so made on provisional basis companyld be cancelled in the event he is companyvicted in the pending criminal case.
The background facts Respondent No.5 Sukhmohinder Singh was appointed as Deputy Superintendent of Police on 27.10.1988 and was companyfirmed on the said post on 26.02.90.
