H. K. Sema, J. - (1.) Leave granted.
(2.) The challenge in this petition is to the order dated 3-8-2005 passed by the High Court of Punjab and Haryana at Chandigarh in C. W. P. No. 15847-CAT of 2004.
(3.) The background facts : Respondent No. 5 Sukhmohinder Singh was appointed as Deputy Superintendent of Police on 27-10-1988 and was confirmed on the said post on 26-2-90. In December 1991, he was made Superintendent of Police in his own rank and pay and thereafter promoted as S. P. on ad hoc basis in the year 1994. 3A. A case No. RC 2(S)/94 was registered against the respondent under Ss.120-;B, 342/365, I. P. C. by the CBI and is pending before the Special CBI Court, Ambala. A chargesheet was filed on 1-7-2000. By a letter dated 24-3-2001, the Government of India, Ministry of Home Affairs, determined the year-wise vacancies-4 for the year 1999, 3 for the year 2000, and nil for the year 2001. The Selection Committee meeting was held on 25-1-2002 for preparation of the year-wise list for the year 1999-2000 for promotion of the State Police Officers to IPS Cadre of Punjab. On 9-4-2002, a Notification was issued by the Government of India in which the name of Respondent No. 5 was included in the select list of 1999 and 2000 at Serial Nos. 3 and 1 respectively with a condition that the name of Respondent No. 5 has been included in the list provisionally, subject to his clearance in Criminal Case pending against him. ;