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Issues involved: Challenge to Tribunal's order directing promotion based on seniority and disciplinary proceedings.
Summary: The writ petition challenged the Tribunal's order directing promotion of the respondent based on seniority from a specific date. The respondent faced major penalty proceedings initiated by the CVC, and despite being recommended for promotion, the competent authority did not approve it, resulting in the promotion of juniors. The Tribunal, citing Supreme Court precedent, allowed the Original Application for promotion. The petitioners argued that the respondent's non-promotion was justified as the competent authority had not approved it. However, the Court disagreed, emphasizing that disciplinary proceedings must be initiated with a charge-sheet before sealed cover recommendations. The Court highlighted the importance of following established procedures before denying promotion. In analyzing previous cases, the Court distinguished the facts of R.S.Sharma's case from the present case, emphasizing the need for proper initiation of disciplinary proceedings before sealed cover recommendations. The Court also referenced a case involving Mr. Anil Kumar Sarkar, where promotion was denied pending disciplinary proceedings until a charge sheet was issued. Ultimately, the Court upheld the Tribunal's decision, finding no merit in the writ petition and dismissing it without costs. Another related case was dismissed as infructuous.
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