6.A perusal of the same shows that any punishment imposed for irregularities committed, his name shall be considered for promotion or appointment to a post, five years prior to the crucial date. In the present case also, the petitioner was subjected to face disciplinary proceedings by charge memo dated 21.01.2003. That clearly shows that for the irregularities committed, five years prior to the crucial date, namely 15.07.2007, he was imposed with punishment and therefore, looking at the case of the petitioner from any angle, the petitioner was fully qualified to get the promotion. However, the respondents have given promotion to the petitioner for the year 2008-09 by issuing G.O. (D) No.553, Home Department dated 29.06.2009 and he was also appointed as Divisional Officer on 29.06.2009 vide G.O. (D) No.554, Home Department dated 29.06.2009. This Court, taking note of the fact that the petitioner was imposed with punishment of stoppage of increment for one year with cumulative effect on 23.02.2006 and it came to an end on 22.02.2007, is of the view that the petitioner was fully qualified to get promotion as per the provisions stated supra. Accordingly, the impugned order is quashed and the writ petition stands allowed. The respondents are directed to give him notional promotion within a period of four weeks from the date of receipt of a copy of this order. Although the petitioner had retired from service, it will be useful for getting higher increment and pensionary benefits. Consequently, connected M.P. is closed. No costs.
