[Civil Appeal No. 5852 of 2014 arising out of SLP(C) No.29792 of 2013]. This appeal has been preferred by the appellants against the order dated 21st August, 2012 passed by the Division Bench of the High Court of Delhi, New Delhi in Writ Petition (Civil) No. 3004/2000. By the impugned judgment, the Division Bench of the High Court after going through the relevant record including ACRs of respondent- S.P. Nayyar, opined that due to personal bias of his superior officer, E.N. Ram Mohan, the respondent- S.P. Nayyar was targeted and was wrongly superseded in the matter of departmental promotion and hence allowed the writ petition filed by the respondent directing the appellants to promote the respondent as Additional DIG with back wages with the following observations: 13. Under the circumstances, we allow the writ petition and direct the petitioner to be promoted as Addl. DIG. We are directing petitioner to be promoted and not a review DPC to be held, for the reason, learned counsel for the respondent does not dispute that the bench mark to be achieved was 3 Very Good grading in the ACR in the preceding 5 years and that the petitioner achieved the bench mark. Admittedly, there are no adverse entries against the petitioner. The petitioner had not suffered any penalty during the said 5 years period.
↧