JUDGMENT

Jyoti Singh, J. (Oral)

C.M. APPL. 53866/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P. (C) 17000/2022

3. Present writ petition has been filed by the Petitioner to declare the action of the Respondents in delaying the promotion of the Petitioner to the post of AE (Civil) and EE (Civil) on regular basis, as illegal and arbitrary. A writ of mandamus is sought directing the Respondents to open the sealed cover and promote the Petitioner to the post of AE (Civil) and EE (Civil) from the date of promotion of his juniors with all consequential benefits including arrears of pay from the due date.

4. It is the case of the Petitioner that he was recruited on 16.03.2000, to the post of JE (Civil) in Slum & JJ Department of the erstwhile MCD, currently DUSIB. Petitioner was implicated in a false case in 2003 and a criminal case was registered, on account of which when the Respondents convened a DPC in 2017, for regular promotion to the post of AE (Civil), while the juniors of the Petitioner were promoted, in case of the Petitioner they resorted to a sealed cover procedure. It is also pointed out that as it is the said DPC w