Judgment

H.K. Sema, J.—Leave granted.

2. 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.

3. The background facts:

Respondent No. 5 Sukhmohinder Singh was appointed as Deputy Superintendent of Police on 27.10.1988 and was confirmed on the said post on 26.02.90. 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.

4. A case No. 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. A chargesheet was filed on 1.7.2000. 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. 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. 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. 3 and 1 respectively with a condition that the name of Respondent No.5 has been included in the list provisionally, subject to his clearance in Criminal Case pending against him.

5. 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 consider the claim and to issue notification of appointment of the respondent to IPS on the basis of his name being in the select list for the year 1999-2000. 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 consideration of the pendency of the criminal case which was registered against him on 18.4.1994. 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. It was further directed that the promotion so made on provisional basis could be cancelled in the event he is convicted in the pending criminal case.

6. 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. The High Court by its order impugned dismissed the Writ Petition. Hence, the present special leave petition.

7. In the order impugned the High Court noticed that the criminal case was pending against the respondent No.5 under Sections 120B, 342/365 IPC. The High Court also noticed that the challan was presented in the Court on 1.7.2000. The High Court, however, in our view, committed the fundamental error by misinterpreting the explanation 1 to Regulation 5(5) and Regulation 7(3) of Indian Police Service (Appointment by Promotion) Regulations 1955 (in short the Regulation). The High Court noticed that the chargesheet was filed in the court on 1.7.2000. The High Court also noticed that Explanation 1 to Regulation 5(5) makes it clear that the proceeding shall be treated as pending only after chargesheet has actually been issued to the officer or filed in a court, as the case may be. Having noticed that the chargesheet has been filed in the court on 1.7.2000 and Explanation 1 to Regulation 5(5), the High Court, has erroneously came to the conclusion as under:

"We are of the considered opinion that a bare perusal of the Explanation 1 to Regulation 5(5) makes it abundantly clear that criminal proceedings could only be held to be pending against the Officer if the charge has been framed by the trial court. In the present case, undoubtedly, the charge has not been framed." (emphasis supplied)

On the