Honble SINGHVI, J.—Originally this writ petition was filed by the petitioner for his promotion as Acting Lt. Col. and against his supersession by the promotion of respondent No. 12. The petitioner had also made a prayer for restraining the respondents not to initiate any administrative action against him in respect of a matter which was considered in S.B. Civil Writ Petition No. 2273/86, Major Radha Krishna vs. Union of India and others, decided on 15.12.1988. However, during the pendency of the writ petition an order dated, 28.2.1992 (Annex. 13) came to be passed by the Government of India dismissing the petitioner from service. Therefore, the petitioner made an application on 16.3.92 for leave to amend the writ petition. This application was accepted by the Court on 9.4.92 and the petitioner was allowed to assail the legality of the order dated, 28.2.92 and also to make a prayer for quashing of the said order dated, 28.2.92. Now the petitioners prayer relate not only to quashing of the order of punishment passed against him but also for his promotion with retrospective effect and for grant of consequential benefits.

(2). Facts which are necessary for deciding the controversy raise

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