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2023 (1) TMI 443 - HC - Indian LawsWithholding of promotion of the respondent-employee - pendency of departmental proceedings - HELD THAT:- Apparently, the petitioners have succeeded in their endeavor to deny the respondent-employee the benefits of promotion, as firstly they chose to file the review to prolong the proceedings for almost a period of one year. Thereafter, after the review was dismissed they chose not to file the writ petition for a period of almost six months and only filed the same on 03.05.2017. An argument as such was raised before the Coordinate Bench on which notice motion was issued that a punishment order had been imposed on 15.02.2017. Petitioners is not aware as to whether the case of the employee for promotion had been considered or not - It is, thus, apparent that the respondent-employee has also lost interest in the litigation as none has put in appearance, as he has taken voluntary retirement. The department as such proceed in a manner which is unbecoming of a department and rather the whole litigation has been continued to deprive a person of his right of consideration for promotion. However, the respondent-employee is not present - Thus, we do not wish to further comment upon the fact as to how he has been prejudiced by his own officers. Even otherwise, it is apparent that the order of the Tribunal was an innocuous order and the present writ petition has now been rendered infructuous due to the intervening circumstances. There are no ground to interfere in the order of the Tribunal - petition dismissed.
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