Mishra, J. -- 1. State is aggrieved by the decision of State Administrative Tribunal passed in O.A No. 622/98 on 13.1.2000, 2. The respondent No. 1 was involved in a criminal case u/s 420, 467, 468, 471 IPC r/w section 3/7 of the Essential Commodities Act and section 5(1)(d) and 5(2) of the Prevention of Corruption Act. The proceedings were quashed in Criminal Revision by this Court and the respondent No. 1 was exonerated. The respondent No. 1 was under the suspension. He was reinstated vide order dt. 26.6.89. In the meantime during the period of suspension and reinstatement DPC was convened. As the case was pending against the respondent No.1, the recommendations were kept in the sealed cover and his junior namely Shri K.P. Dwivedi came to be promoted from the post of Food Inspector to the post of Assistant Food Officer w.e.f. 5.4.84. State of M.P. did not open the sealed cover for about 4 years and after it was opened the respondent No. 1 was promoted as Assistant Food Officer as per the recommendations contained in sealed cover vide order dt. 10.2.93. It appears that the respondent No.1 made several representations to give him promotion retrospectively from the date