Short Note : 1. The case of the petitioner was that though he was working as an Overseer in the Irrigation Department, his case was not considered by the Departmental Promotion Committee along with other officers of the same rank; namely respondents 3 to 6 for promotion to the Post of Asstt. Engineer. This omission on the part of the Departmental Promotion Committee had resulted in the miscarriage of justice. So far as he was concerned, he had been denied the right of being considered for the promotion, in spite of his seniority over the respondents 3 to 6 who had been promoted as Asstt. Engineers. Held: When this petition came up for hearing before this Court on 22-9-1977 the same was adjourned to faciliate the Government Advocate appearing for the respondents 1 and 2 to produce the file of the Departmental Promotion Committee. Passing of this order became necessary for the reason that the petitioner in his rejoinder had again specifically asserted that his case was never considered by the Departmental Promotion Committee. The Government Advocate appearing on behalf of respondents 1 and 2 was unable to produce record of the Departmental Promotion Committee in spite of the opportunity afforded for the purpose to satisfy that the case of the petitioner was considered. In the circumstance an adverse inference has to be drawn against respondents 1 and 2 on account of the non-production of the said record. That being so, the petitioner's version has to be accepted that his case was not considered by the Departmental Promotion Committee. The learned counsel appearing for the petitioner rightly conceded that the petitioner has a right that his case be considered by the Departmental Promotion Committee for the post of Assistant Engineer. Thus the petitioner was wrongly discriminated a against similarly placed officers respondents 3 to 6 whose case were considered by the Departmental Promotion Committee for promotion to the post of Assistant Engineers petition partly allowed.