JUDGMENT

MOHAN, J.:- Leave granted.

2. In these cases the questions that arise for our consideration are, (1) whether it is open to the Appointments Committee of the Cabinet (hereinafter referred to as the ACC) to differ from the recommendations of the Departmental Promotion Committee (hereinafter referred to as the DPC) and (2) if so whether reasons must be given for so differing.

3. We shall advert to the facts in C.A. No. 1794/88 which will be enough to answer the above questions.

4. The respondent joined the post and Telegraphs Department in September, 1963 in Indian Telecommunication Service (here-inafter referred to as ITS) on the basis of All- India Selection held by the Union Public service Commission (hereinafter referred to as the UPSC). He was initially appointed as Assistant Divisional Engineer Telegraph. Thereafter he was promoted to the rank of Divisional Engineer Telegraph in September, 1966. In August, 1974 he was promoted to Junior Administrative Grade of the ITS pursuant to the selections made on All-India basis by a duly constituted DPC under the Chairmanship of a Member of UPSC. Lastly, he was given selection grade of Rs. 2000-2250/- in the Junior Administrative Gr