J.S. Khehar, J. - (1.) The petitioner joined the Rail Coach Factory, Kapurthala, as an Apprentice Charge man in July, 1987. On completing the prescribed training period, he was posted as Charge man 'B' in July, 1989. Onward promotion from the post of Charge man 'B', is to the post of Charge man 'A'. The respondents considered the claims of eligible personnel for promotion to the post of Charge man 'A' on 7.7.1992. In their consideration, the petitioner was over-looked for the aforesaid promotion. The Departmental Promotion Committee, nominated by the competent authority, recorded the following observations : "Sub : Promotion as Charge man 'A' (Mech.). Sh. A.K. Gupta, Dy. CME/MFG and Sh. Swarana, SPO(W) were nominated by the competent authority to adjudge the suitability of Charge man 'B' for promotion as Charge man 'A' (Mech.). The recommendation of the above 2 officers is placed at SN. 6. CME may kindly approve annexure-IV of the recommendation placed at SN. 6/13, 6/14, 6/15, 6/16 & 6/17. Sd/- A.P.O. (NG) 07.05.92 C.M.E. Item No. 24, 31, 46, 69, 113, 142 and 42 not working, has not been considered as their C.Rs. were not O.K. Sd/- 17.5.92". In order to understand the purport of the noting extracted above, it is necessary to note, that the petitioner's name figured at Item No. 31.
(2.) Subsequently, an order dated-24.8.1992 was passed by the competent authority. The aforesaid order is also being extracted hereunder "Subject:- Promotion as Charge man 'A' (Mech.). Reference:- APO(NG) letter No. APO(NG)/RCF/SEL/MECH. DEPTT. Dated 18.3.92. We have gone through the CRs and SRs of the 156 Charge men (Annexure I). CRs of 1991-92 were not available. Some of the Charge men are working in grade 'A' on Adhoc basis (Annexure II). Their working report was available for period upto July, 1991, when they were promoted on Adhoc basis. For the person still in Charge men 'B' working reports were asked for the period 1991-92 (Annexure III). On the basis of these reports 149 Charge men are found fit for promotion to Charge men 'A' (Annexure IV). Out of the Charge men found for Charge men 'A', it may be ascertained that they have completed requisite period of working in Charge men 'B' before promotion to Charge men 'A' on regular basis." Dissatisfied with the action of the authorities in not promoting the petitioner to the post of Charge man 'A', he eventually filed Original Application No. 757/Pb/94 before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the Central Administrative Tribunal). The Central Administrative Tribunal, by its order dated 24.9.2001, did not accept the claim of the petitioner. In fact, a perusal of the order passed by the Central Administrative Tribunal reveals, that in order to satisfy itself, whether the claim of the petitioner was rightfully considered, the Central Administrative Tribunal had summoned the record from the railway authorities, and after having examined the same, was "...convinced that the respondents have not ignored him for promotion just because he was imposed penalty of withholding of privilege passes, but exclusively on the basis of his service record, which was not upto the mark."
(3.) Dissatisfied with the determination at the hands of the Central Administrative Tribunal, the petitioner has now approached this Court, so as to impugn the order of the Central Administrative Tribunal dated 24.9.2001, as well as, the review order dated 9.11.2001 passed by the Central Administrative Tribunal on an application filed by the petitioner. In assailing the aforesaid orders, the petitioner has vehemently contested the factual position depicted in the order passed by the Central Administrative Tribunal, which has been extracted hereinabove. It is in the aforesaid circumstances, that we were persuaded to summon the record of the authorities, dealing with the consideration of the claim of the petitioner for promotion to the post of Charge man A.;