The Chief Secretary, Gnctd And ... vs Sh. Narender Kumar Gupta on 3 November, 2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI
                                             Reserved on: 10.10.2014
                                           Pronounced on: 03.11.2014
+      W.P.(C) 7337/2013, C.M. NO.15773/2013
       THE CHIEF SECRETARY, GNCTD AND ANR.
                                                 ..... Petitioners
                  Through: Ms. Ruchi Sindhwani, Addl. Standing
                  Counsel, GNCTD with Ms. Meghna Bhavana,
                  Advocate.
                     Versus
       SH. NARENDER KUMAR GUPTA              ..... Respondent

Through: Sh. D.R. Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT %

1. The petitioners in these proceedings under Article 226 of the Constitution, challenges an order dated 5.4.2013, of the Central Administrative Tribunal (hereafter "CAT") in O.A. No. 3560/2012. The CAT directed the petitioner (hereafter "GNCTD") to consider the case of the Respondent ("applicant") for promotion as a Grade III employee w.e.f. 9.5.1988 without insisting upon the condition of qualifying through a typing test.

2. The brief facts are that in 1977, the Applicant was appointed as a Grade IV employee (DASS) on a temporary basis, via direct recruitment. By an order dated 12.10.1995, he was placed under suspension, pending an investigation by the CBI. In 2002, the CBI filed a closure report, and the proceedings against the Applicant were dropped by the Tis Hazari Special court. Consequently, on 4.6.2003, W.P.(C) 7337/2013 Page 1 the suspension order dated 12.10.1995, was revoked. On 13.4.2005, the