JUDGMENT :

Arun Dev Choudhury, J.

Heard Mr. K.K. Mahanta, the learned Senior Counsel assisted by Ms. N. Begum, the learned counsel for the petitioner. Also heard Ms. A. Gayan, the learned Asstt. S.G.I., for the respondents representing Union of India and Mr. Rakesh Kumar, Assistant Commandant, (Legal), CRPF, who has rendered his valuable assistance.

1. By way of instant writ petition, the petitioner has raised a grievance that he has been denied promotion from the post of Head Constable/GD, though he was qualified in all aspects. His prayer in the writ petition is as follows:-

For a direction to the respondent authority to bring him on the Special Approved List AA/GD-06/2011 as per original seniority and to promote him as aforesaid with retrospective effect ahead of his juniors.

2. The case of the petitioner as projected as are under:-

(i) The petitioner was dismissed from service on the ground of "unauthorized absent" in the year 2007, vide order dated 09.02.2007.

(ii) On an appeal being preferred before the Departmental Appellate Committee, the said appellate authority modified the punishment by setting aside the punishment of dismissal from service and awarded punishment of stoppage of