M.Y. Eqbal, J.

1. The petitioner seeks a direction upon the respondents to give him promotion on the post of M-I grade retrospectively with effect from 6.4.1996 with all consequential benefits.

2. It appears that in 1995 when the petitioner was posted as Superintendent, Mines-cum-Colliery Manager at Dhori colliery a memorandum of charge sheet dated 1.3.1995 was served on him alleging that he failed to perform his duty inasmuch as he has not ensured the safety of the persons engaged in the safety zone; A departmental proceeding was initiated against him which ended in an order dated 17.9.1996 imposing punishment of censure in terms of the provisions of the Conduct Disciplinary Appeal Rules, 1978 of Coal India Limited.

3. The grievance of the petitioner is that though he was qualified, eligible and fit for his next promotion to the post of Deputy Chief Mining Engineer (M-I grade) on 6.4.1996 but he was not given promotion because of pendency of a departmental proceeding whereas about 10 juniors were promoted to the post of M-I grade. However, the petitioner was subsequently promoted to the post of M-I grade by Office Order dated 7.10.1997. The petitioner, therefore, claims that