JUDGMENT :

I.A. No. 9092 of 2019

1. This interlocutory application has been filed for condonation of delay of 192 days in filing L.P.A. No. 378 of 2019.

2. In view of the statements made in the interlocutory application, the delay in filing the appeal is condoned.

3. The said interlocutory application is allowed.

L.P.A. No. 378 of 2019 and L.P.A. No. 646 of 2019

1. As both these appeals are interconnected in some manner with each other, they have been heard together and are being disposed of by this common Judgment.

2. Heard the appellant in person and learned counsel for the Union of India in both the appeals.

3. L.P.A. No. 646 of 2019, arises out of the Judgment dated 19th August, 2019, passed by the Writ Court in W.P. (S) No. 4252 of 2013, dismissing the writ application, wherein, the appellant, who was working as A.S.I. in Central Industrial Security Force, had challenged the orders dated 20.8.2012, 29.9.2012, 29.11.2012 and 28.2.2013.

4. By order dated 20.8.2012, the appellant was served with a memo of charge, by order dated 29.9.2012, the punishment of censure was imposed upon the appellant by the Disciplinary Authority, by order dated 29.11.2012, the appeal filed against the punishment of censure was dismissed by the Appellate Authority and by the subsequent order dated 28.2.2013, the revision filed against the same, was dismissed by the Revisional Authority.

5. So far as the misconduct is concerned, there was allegation against the appellant that he had made interpolation in the name of one of the constables in an inter-coy posting order, and the impugned Judgment shows that even during hearing in the writ application, this interpolation was admitted by the writ petitioner, who was arguing his case in person. The Writ Court has also taken into consideration the fact that in the meantime, the appellant had been compulsorily retired from service with effect from 10.4.2016. Taking into consideration these facts, the Writ Court found that nothing remained to be decided in the writ application and the writ application was dismissed.

6. In L.P.A. No. 378 of 20190, the appellant is aggrieved by the impugned Judgment dated 3rd January, 2019, passed by the Writ Court in W.P. (S) No. 15 of 2015, whereby the writ application filed by the appellant writ petitioner, claiming promotion to the post of Inspector, was dismissed by the Writ Court.

7. In the said writ application, the appellant's case was that, pursuant to a Departmental Promotion Committee meeting held on 25.01.2012, the order of promotion, promoting the appellant to the rank of Inspector, was issued on 28.12.2012, with the following stipulations:-

“Before promoting them, it should be ensured that they fulfill the following conditions:-

(a) They are confirmed in the entry grade pay or in the present rank.

(b) They have successfully completed the promotion cadre course of SI/Min.

(c) They have been declared in the medical category SHAPE-I before being declared fit for promotion by the DPC. If there is any deterioration in the medical categorization of the above empanelled SI/Min after DPC and before actual promotion, the promotion will be withheld.

(d) No disciplinary/legal proceedings are contemplated/pending against them.

(e) Promotion should not be given during the currency of punishment, if any.

(f) In case of SC/ST candidate, a certificate to this effect from the competent authority is available in their service documents.”

8. Subsequently the promotion of the appellant was withheld and the appellant has brought on record the communication dated 11.4.2013, as contained in Annexure-1 to the memo of appeal, whereby his promotion was cancelled. As to the reason for cancellation of the promotion, it was informed that the promotion was cancelled due to the fact that the appellant was awarded punishment of censure by order dated 29.9.2012.

9. Though from the impugned Judgment passed by the Hon'ble Single Judge, it appears that during the hearing of the writ application, the department gave up