JUDGMENT :

Heard Mr. N. Deka, learned counsel for the petitioner and Mr. B. Sarma, learned standing counsel for the respondents.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the non-implementation of the order of promotion dated 15.05.2014 by which the petitioner was promoted to the post of Assistant Security Commissioner/Assistant Commandant at Katihar against an existing vacancy.

3) The learned counsel for the petitioner has referred to the stand taken in the writ petition and has submitted that prior to the issuance of the order of promotion, the authorities had satisfied itself that no “Discipline and Appeal Rules” case is pending that the vigilance clearance had also been obtained from the Zonal Office and only after the said exercise the Railway Board had issue the order of promotion dated 15.05.2014, wherein the name of the petitioner appears at serial no. 47. However, on 21.05.2014, before the petitioner could join, a charge-sheet was submitted to him in connection with an allegation of availing a house building advance for an amount of Rs.5,75,000/-from the Welfare Scheme of Railway Establishment in the year 201