CWP(T) No. 11518 of 2008 11.10.2011 Present: Mr. Vikzas Bhardwaj, counsel for the petitioner. Mr. P.K. Sharma, Addl. A.G., with Mr. Anil Jaswal, Dy. A.G., for respondents No. 1 to 4. Respondent No.5 ex parte. None for respondents No. 6 to 8. Mr. D.K. Khanna, counsel for respondent No.9. The grievance of the petitioner, who at the relevant time was working as Circle Head Draughtsman in IPH Circle Chamba, H.P., is that he was not considered for promotion to the post of Planning Assistant, as at the material time some departmental action was pending against him, which proceedings later on stood withdrawn. Private respondents No. 5 to 8 are said to have been promoted as Planning Assistant in that process. It is further stated that respondent No.5 was further promoted as Assistant Engineer in the subsequent DPC. However, in view of the stand on behalf of the official respondents No. 1 to 4 and respondent No.9-Commission that the petitioner was duly considered by the DPC by resorting to sealed covers process and consequent upon withdrawal of the charges against him the sealed covers were opened, but it was found that he could not come up to the mark for promotion to the higher posts. In view of the above, the petition is disposed of with liberty reserved to the petitioner to pursue his legal remedy, if any, in accordance with law, if so advised. (V.K. Sharma), Judge 11th October, 2011. Lsp*