JUDGMENT

K. Venkataswami, J.-Special leave granted.

Both the appeals arise out of the judgment dated 23.10.98 of the Karnataka High Court in W.P. No. 4264/98. Civil Appeal arising out of S.L.P. (C) No. 17043/98 was preferred by the Government of Karnataka while the other appeal arising out of S.L.P. (C) No. 17842/98 was preferred by the fourth respondent in the first mentioned appeal.

2. The reference to the parties hereinafter will be as in the appeal filed by the Government of Karnataka. The first respondent in the appeal challenged the promotion and appointment of fourth respondent as DG and IGP by a Notification dated 6.3.97 by approaching the Central Administrative Tribunal by preferring O.A. No. 200/97. The Tribunal by its order dated 15.1.98 dismissed the O.A. 200/97. Aggrieved by that, the first respondent preferred W.P. No. 4264/ 98. A Division Bench of the High Court accepted the appeal and quashed the impugned Notification promoting and appointing the fourth respondent as DG and IGP.

3. Aggrieved by the judgment of the Division Bench, both the Government of Karnataka and the fourth respondent have preferred these appeals.

4. The learned Advocate General for Karnataka extensi