I.P.MUKERJI,J. - (1.) The appellants are aggrieved by the judgment and order dated 5th December, 2012 passed by Mr. Justice Ashok Kumar Dasadhikari. The proceeding before the learned Judge arose in the following way. On 5th June, 1987 an order of suspension was passed by the appellant authority against the respondent on the charge of dishonesty and financial irregularities causing huge loss to it. He was suspended from 6th June, 1987 till 10th September, 1991. On 7th October, 1987 a charge-sheet was issued against him. The memorandum of charges was amended on 15th February, 1988. On 15th January, 1991 the enquiry proceeding was completed.
(2.) From 1991, it took the appellant authority five years to pronounce the final order in the disciplinary proceedings. This final order was pronounced on 18th September, 1996. The respondent was held guilty. One increment of the respondent was withheld for four years having the effect of postponing future increments. The period of suspension was treated as having been spent on duty by the respondent.
(3.) The respondent appealed before the appellate authority. On 1st April, 1997 the authority more or less affirmed the order of the disciplinary authority with the modification that the next increment would be postponed by 4 years but without postponing the future increments. In other words, withholding of increments did not have any cumulative effect. Meanwhile the respondent who was working in the post of a lower division clerk, at the time of suspension, became eligible for promotion to the post of an Upper Division Clerk on 23rd September, 1993. It was a non-selection post. The respondent's promotion was withheld. On 21st May, 1994 the written test was taken for selection and/or promotion to the post of Calculator, a selection post. On 8th June, 1994, the interview was taken. On 13th June, 1994, a panel of selected candidates for promotion to this post was published. As disciplinary proceedings against the respondent were pending his results were kept in a 'Sealed Cover' to be opened after they were over. ;