JUDGMENT

A. K. Patnaik, J. —

This is an appeal against the order dated 26.08.2004 of the Division Bench of the Madras High Court in Writ Petition No. 7929 of 2000 (for short ‘the impugned order’).

2. The facts very briefly are that the respondent no.1 was working as Constable (General Duty) under the Central Industrial Security Force (for short ‘the CISF’). In 1993, he was considered for promotion to the rank of Lance Naik and was empanelled for such promotion. Before he was appointed as Lance Naik, however, he was awarded the punishment of withholding of one increment for a period of one year and as per circulars of the Department of Personnel and Training, Government of India, his empanelment for promotion to the rank of Lance Naik had to be cancelled on account of the punishment. In 1994, respondent no.1 was again considered for promotion and he was found fit, but before his actual promotion he was awarded punishment of withholding of one increment for a period of one year and his promotion was again cancelled. In 1995, he was again considered and empanelled for promotion to the post of Lance Naik, but before he could be appointed, he was awarded the punishment of censure and hi