censure and withholding one increment without cumulative effect that was a minor penalty, which did not affect the service of the petitioner in any manner whatsoever. Therefore, there was no proper application of mind by the Principal District and Sessions Judge while considering whether the petitioner had satisfactory record of service from the year 1973 till he became entitled for the special promotion. The judgment relied upon by the learned counsel for the respondents in Syed Ahmed Pasha's case (supra) is not applicable to the facts of this case as in the said judgment, the delinquent official had a dissatisfactory record of service for the previous five years i.e., 1988-89 to 1992-93 and every year commencing from 198889, there were adverse entries in his confidential report. However, in the present case, except for an order of censure and an order withholding one increment without cumulative effect, there was no penalty of whatsoever nature against the petitioner to hold that the record of service of the petitioner was not satisfactory. Therefore, the impugned order passed by the Principal District and Sessions Judge is without proper application of mind and does not disclose any reasons for denying the special promotion to the petitioner, more
