JUDGMENT AND ORDER :

N. Kotiswar Singh, J.

Heard Mr. U.K. Nair, learned Senior counsel assisted by Ms. N. Newme, learned counsel for the petitioner. Also heard Mr. B. Chakravarty, learned Central Government Counsel appearing for the respondents.

2. The present petition has been filed by the petitioner challenging the order dated 08.03.2021 passed by the learned Central Administrative Tribunal, Guwahati Bench in Original Application No.40/00230/2019 and the subsequent order dated 10.05.2021 passed by the Central Administrative Tribunal, Guwahati Bench in Review Application No.040/00002/2021 and for setting aside and quashing the communications dated 27.08.2017 and 28.08.2018 issued by the respondent authorities denying promotion to the petitioner and also for issuing a direction to the respondent authorities to promote the petitioner to the cadre of Senior Auditor and Assistant Accounts Officer w.e.f. 02.04.2012 and 14.01.2016 respectively along with consequential benefits of pay, seniority etc.

3. Before we deal with the submissions advanced in challenging the aforesaid orders passed by the learned CAT, Guwahati Bench, a brief reference to the background facts may be appropriate.

4. The petitioner joined service as a Clerk on 30.06.2001 and posted at the Income Tax Appellate Tribunal, Mumbai and thereafter, on 24.05.2004, on inter-departmental transfer, he joined as a Clerk in the office of the respondent No.5. Subsequently, in the year 2007, he cleared the Subordinate Accounts Services (SAS) Part-I examination and was promoted to the cadre of Auditor on 15.02.2008. Thereafter, on 30.06.2008, he was transferred to the Area Accounts Office, Siliguri as an Auditor.

5. According to the learned Senior counsel for the petitioner, as on 02.04.2012, the petitioner became eligible for promotion to the cadre of Senior Auditor and his name was duly considered for promotion by the Departmental Promotion Committee along with others. However, his case was kept under the sealed cover due to a criminal case pending against him relating to suicide by his wife in connection with which an FIR was lodged on 17.08.2011 and registered as Bhaktinagar P.S. Case No.947/2011. The petitioner was placed under suspension vide order dated 21.12.2011 but his suspension was subsequently revoked on 29.04.2013 and he resumed his service on 30.04.2013.

6. According to the petitioner, he passed the Subordinate Accounts Services (SAS) Part-II Examination and became eligible for promotion to the cadre of Assistant Accounts Officer (AAO). However, on this occasion also, he was denied promotion and his case was kept under the sealed cover because of the pendency of the aforesaid case.

7. According to the petitioner, though a case was pending against him, yet, no charge-sheet was issued to him when the said consideration for promotion to the higher posts were made and as such, he could not have been denied promotion regarding which he has submitted several representations to the authorities. However, the authorities rejected his representations vide their communication dated 28.08.2017 and 27.08.2018.

8. Thus, being aggrieved, the petitioner approached the learned CAT, Guwahati Bench challenging the aforesaid communications dated 28.08.2017 and 27.08.2018 denying him promotion and seeking promotion to the higher posts as mentioned above, which, however was dismissed by the learned CAT, Guwahati Bench vide their order dated 08.03.2021 passed in Original Application No.040/00230/2019. His application for review was also dismissed by the learned CAT vide order dated 10.05.2021 passed in Review Application No.040/00002/2021 in O.A.040/00230/2019. Accordingly, the petitioner is before us challenging the aforesaid decisions of the CAT.

9. Mr. Nair, learned Senior counsel for the petitioner has submitted that denial of promotion to the petitioner was not in accordance with the relevant Office Memorandum relied upon by the authorities.

10. In this regard, Mr. Nair has drawn our attent