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1994 Supreme(SC) 976

K.RAMASWAMY, M.N.VENKATACHALIAH
Sulekh Chand And Salek Chand – Appellant
Versus
Commissioner Of Police – Respondent


Advocates:
S.A.Matto, S.N.TERDAL, SANGITA KUMAR, V.N.GANPULE

ORDER

1. Leave granted.

2. These appeals arise from the order of the Central Administrative Tribunal in OA No. 1218 of 1988 dated 12-12-1993. The appellant was promoted from the post of ASI to SI but he was confirmed w.e.f. 4-1-1989 though it was stated that his case for promotion had to be considered with effect from 1-10-1982. This claim was resisted by the respondents on the ground that in 1983, he was charged for an offence under Section 5(2) of the Prevention of Corruption Act and he was kept under suspension and he was also communicated of adverse remarks for the period from 7-6-1980 to 31-3-1981 and that he became eligible to be considered for promotion as SI w.e.f. 16-12-1985. Therefore, his case was considered and he was promoted in 1989. Counsel for the respondent was directed to produce the record relating to the DPC proceedings. We have perused the proceedings of DPC which would clearly show that the reasons which prevailed with the DPC were the prosecution under Section 5(2) of Prevention of Corruption Act and the departmental enquiry, against the appellant. It is not in dispute that the proposed departmental enquiry also is related to the selfsame offence under Section

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