ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal, by special leave, arises from the judgment of the Division Bench of the Patna High Court, passed on May 2, 1996 in L.P.A. No. 815/95.

3. The admitted facts are that while the respondent was working temporarily as Superintending Engineer, several proceedings were initiated against him statedly for his own misconduct in the matter of financial transactions etc. It is not necessary to dilate upon all facts in detail. Suffice it to state that the Departmental Promotion Committee (DPC), duly constituted by the Government, had gone into the question whether the respondent was fit for promotion from the post of Executive Engineer as Superintending Engineer on regular basis in the proceedings dated 13.9.1995, the DPC found as under:

"Hence the Departmental Promotion Committee examined in its meeting all the relevant papers/documents made available by the Department. After examination the Committee found the Officer proposed unfit for promotion upto 16.1.1994."

4. In view of the above finding of fact by the competent Committee, the question arises; whether the High Court could record finding that the respondent c