Dharam Chand Chaudhary, J. (Oral).

This application has been filed with the following prayers:

(i) That the impugned action of the respondent Department whereby although he applicant has been considered for promotion to the post of Executive Engineer (electrical), but due to non-consideration of ACRs of preceding five years, promotion of suitable officer has not been made. If respondent no.2 is not found fit for promotion as such by this Hon’ble Tribunal, the same may be quashed and set aside;

(ii) That the respondent may be directed to promote the applicant against the one vacant post of Executive Engineer (Electrical) falling to the share of Diploma Holder Assistant Engineer (Electrical);

(iii) That the respondents may be directed to produce the entire record pertaining to the case for the perusal of this Hon’ble Tribunal, especially elucidate the reasons as to under what circumstances the ACRs for the year 2003-04 and 2004-05 have not been produced for consideration of the DPC.”

2. Complaint is that the ACRs of preceding five years from the date of convening the meeting of Departmental Promotion Committee (DPC) and promotion to the post of Executive Engineer have not be