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