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2024 Supreme(Gau) 1075

SANJAY KUMAR MEDHI
GO- 2148X SRI VINAY KUMAR SINGH, S/O. LATE HARIHAR BAHADUR SINGH – Appellant
Versus
UNION OF INDIA, REPRESENTED BY THE DEFENCE SECRETARY, MINISTRY OF DEFENCE – Respondent


Advocates Appeared:
For the Petitioner:Shri D. Bora, Advocate.
For the Respondents:Shri S. K. Medhi, C.G.C., Dr. A. Todi, Advocate UPSC.

JUDGMENT :

(Sanjay Kumar Medhi, J.) :

The grievance of the petitioner raised in this petition filed under Article 226 of the Constitution of India is with regard to his promotion.

2. As per the facts projected, the petitioner was serving as a Superintending Engineer (Civil) in the Border Roads Organization (hereinafter BRO). He was deputed to the NHIDCL and in that period there were certain allegations of illegal gratification and the petitioner was repatriated to the BRO. On 01.11.2022, he was placed under suspension. On 20.12.2022, a Departmental Promotion Committee Meeting was held in which the case of the petitioner was considered and was kept in sealed cover. In the inter se seniority list, certain incumbents, who were below the petitioner, were given the benefit of promotion on 17.02.2023. However, no such promotion was given to the petitioner. On 03.02.2023, a review meeting was held on the aspect of suspension of the petitioner wherein it was decided to extend the suspension. On 10.03.2023, the memo of charges was submitted to the petitioner and the disciplinary proceeding was initiated. The petitioner had filed WP(C)/1074/2023 against the order of suspension. This Court vide

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