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CASE NO.:

Appeal (civil) 2020 of 2007

PETITIONER:

Union of India & Ors

RESPONDENT:

A.N. Mohanan

DATE OF JUDGMENT: 18/04/2007

BENCH:

Dr. ARIJIT PASAYAT & D.K. JAIN

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO. 2020 2007

(Arising out of SLP (C) No. 26408 of 2004)

Dr. ARIJIT PASAYAT, J.

Leave granted.

Challenge in this appeal is to the judgment of the

Division Bench of the Kerala High Court dismissing the writ

petition filed by the appellants. In the writ petition challenge

was made to the order passed by the Central Administrative

Tribunal, Ernakulam Bench (in short the ’CAT’) in O.A. No.

203 of 2002.

The controversy lies within a very narrow compass.

Departmental enquiry was started against the

respondent on 3.8.1999. The Departmental Promotion

Committee (in short the ’DPC’) made the selection on

1.11.1999. Since the enquiry was pending against the

respondent, sealed cover procedure was adopted. On

13.9.2001 the penalty of censure was awarded. Promotion

was granted to the respondent on 26.11.2001. However, he

claimed that promotion should have been given to him with

effect from 1.11.1999. He moved the