Ajay Rastogi, J.@mdashMatter has come up on 3rd Stay Appl. No. 4805/2010.
2. Instant petition has been basically filed against order of penalty which would be examined on merits at the stage of final hearing.
3. The petition has already been admitted vide order dt.14/08/2007 and at that time, notices were also issued of the petition including prayer for interim relief.
4. Earlier 2nd stay appl. No. 1070/2009 was filed on the apprehension that on account of penalty inflicted upon petitioner vide order impugned herein, respondent might not consider his case for promotion. However, reply has been filed to 2nd stay application, in which it has been specifically stated in para 5 that candidature of the petitioner for promotion was considered based on his service record and no person junior to him has been promoted; and taking note whereof, 2nd stay application was dismissed vide order dt.12/04/2010.
5. Now the 3rd stay application has been filed on the same apprehension that respondents may not consider his candidature for promotion. Once the respondents have earlier considered candidature of petitioner for promotion as is evident from reply to 2nd stay application, there is no reason as to why the respondents may not consider his candidature whenever occasion so arises; however, it may be subject to the final outcome of instant petition. Taking note whereof, no further orders on 3rd stay appl. No. 4805/2010 are required to be passed.
6. Consequently, 3rd stay appl. No. 4805/10 stands disposed of. A copy of this order be placed on record of 3rd stay application.
7. Office to proceed.
