( 1 ) THIS writ petition has been filed for a mandamus directing the respondents to conclude the proceedings against the petitioner and if the petitioner is entitled for promotion, he may be promoted.

( 2 ) HEARD learned counsel for the parties.

( 3 ) IN this case on 16. 5. 2002, learned standing counsel was granted one months time to file counter-affidavit but no counter-affidavit has been filed so far. Hence, we are treating the allegations in the petition to be correct.

( 4 ) THE petitioner was selected by the U. P. Public Service Commission and appointed in the year 1965. In the year 1974, he was promoted as Senior Auditor and in the year 1983 as District Audit officer and in the year 1987 as Assistant Director and in the year 1996 as Dy. Director. Being the senior most in the department on the retirement of the then Director in the year 1998, the petitioner was made Incharge Director. The petitioner has alleged that his service has been throughout good. However, it is alleged that one D. B. Singh, who was Financial Controller in police Headquarter, Allahabad was posted as Director by transfer on 5. 2. 2000.

( 5 ) IT is alleged in paragraph 8 of the petition that o