against him. Mr. Mohanty, learned counsel for the petitioner further submitted that persons junior to the petitioner recommended by the DPC in its meeting dated 24.11.2012 were given promotion to the post of Asst. Commandant vide notification dated 25.2.2013 under Annexure-5. Mr. Mohanty further submitted that the proceeding against the petitioner was in fact initated on 22.8.2013 vide PTC proceeding No.3 of 2013. It is also submitted that the said proceeding initiated against the petitioner, in the meantime has been disposed of vide order dated 18.4.2017. Mr. Mohanty, further submitted that two other proceedings initiated against the petitioner vide PTC Proceeding No.2 of 2014 and PTC, Angul proceeding No.26 of 2015 have also been disposed of with award of punishment vide order dated 17.2.2019 and 27.12.2018 respectively. Accordingly, Mr. Mohanty, learned counsel for the petitioner submitted that since as on the date of holding of the DPC on 24.11.2012, no proceeding was pending as against the petitioner, the finding of the DPC and keeping the claim for the petitioner in a sealed cover on the ground that a proceeding is pending is illegal and not based on record. Accordingly, Mr. Mohanty prayed for consideration of his case and for passing of an appropriate order.
