The Director Of Postal Services, v. Prakash Gangisheetiwar,

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G. SHYAM PRASAD Writ Petition No.15040 of 2005 ORDER: (per V. Ramasubramanian, J.) Aggrieved by the order of the Tribunal holding that censure is not a bar for promotion, the Union of India has come up with the present writ petition.

2. Heard Mr. B. Narayana Reddy, learned Assistant Solicitor General of India appearing for the petitioners and Mr. Ch. Ravinder, learned counsel for the respondent.

3. On the ground that a penalty of censure was imposed, the 1st respondent was denied promotion with effect from 0107-1992. In view of the rule position prevailing at that point of time, the Tribunal held that censure should not be a bar to eligibility for promotion. Rule 11 of CCS (CCA) Rules as well as a judgment of another Bench of the Central Administrative Tribunal at Ernakulam reported in 2004 (3) ATJ 518 were relied upon by the Tribunal.

4. In our considered opinion, the view taken by the Tribunal cannot be taken exception too. As a punishment, censure does not have currency for any particular period.

VRS,J & GSP,J W.P.No.15040 of 2005 Therefore, the view of the Tribunal is correct and the writ petition is liable to be dismissed.

5. Accordingly, the writ petition is dismissed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_______________________ V. RAMASUBRAMANIAN, J __________________ G. SHYAM PRASAD, J Date: 02-11-2016 Ksn