MADHURESH PRASAD, J.:–Heard learned counsel for the petitioner and the respondents.

2. The issue in the instant writ petition is petitioner’s claim for promotion from the post of Assistant Controller (Transmission) to that of the Controller (Transmission).

3. The admitted fact is that petitioner was eligible for grant of promotion to the post of Controller (Transmission) for which his matter was placed before the Departmental Promotion Committee (for brevity, DPC) dated 06.06.2011. By notification dated 17.06.2011, promotions were granted to others. The petitioner’s promotion was kept pending for want of Annual Confidential Report (for brevity, ACR).

4. Just two months thereafter, DPC was again convened on 02.08.2011. Again, the petitioner’s consideration was kept pending. It is also an admitted position that a proceeding was pending against the petitioner since 2007. The result of consideration by the DPC on 06.06.2011 and 02.08.2011 was, thus, required to be kept in a sealed cover subject to result of the pending proceedings. That, however, has not been done.

5. It is also admitted that the petitioner was exonerated in the proceedings on 15.03.2013 and acquitted in a pending criminal