The petitioner joined service of the Sales Tax Department as Sales Tax Officer on 6.10.1995. In the cadre of Sales Tax Officer, respondents 4 to 10 are juniors to the petitioner. Ext.P1 is the seniority list, in which, the petitioner is rank No.81, whereas respondents 4 to 10 are rank Nos. 82, 106, 107, 108, 111, 116 and 117 respectively. The next promotion to which the petitioner and respondents 4 to 10 can aspire for is that of Assistant Commissioner. Before the Departmental Promotion Committee met for considering the names of eligible persons for inclusion in the select list, the petitioner was served with a memo of charges dated 5.8.2004 alleging lapses in discharge of official duties. After considering the reply submitted by the petitioner, the Deputy Commissioner recommended exoneration of the petitioner from all charges, in January, 2005. But final orders were not passed pursuant thereto. The same was passed only on 27.8.2005. In the meanwhile, on 24.5.2005, the Departmental Promotion Committee prepared a select list dated 27.5.2005, in which, the petitioner's name was not included. The petitioner was informed by Ext.P2 memo dated 29.6.2005 that the petitioner was superseded on the ground that disciplinary proceedings are pending against him.
