JUDGMENT : 1. Special leave is granted. 2. The appellant, holding the post of Deputy Superintendent of Police in the Kerala State Police Service in 1988 was aggrieved by his non-inclusion in the select list prepared for promotion to the Indian Police Service. He made an application before the Central Administrative Tribunal which was dismissed by the impugned order dated 28.11.1989. An application for review also failed. 3. It has been contended on behalf of the appellant that the consideration of his case by the Select Committee appears to have been vitiated by the wrong assumption of a disciplinary proceeding having been started against the appellant in 1983 and he being put under suspension. No departmental proceeding was ever commenced against him and he was never suspended at all and his work was consistently found to be good. The appellant came to know about the aforesaid erroneous assumption against him only through the judgment of the Tribunal, which in paragraph 5 recorded the above-mentioned fact. The appellant, thereafter, approached the Tribunal with a review petition pointing out the error and stating the facts correctly. The Tribunal, however, refused to recall its order. 4. The Tribunal in its judgment has in fact stated that the relevant records disclosed that the appellant was put under suspension in 1983 and was charge-sheeted in May, 1984 when an inquiry officer was appointed. The learned counsel for the respondent has not challenged the assertion of the appellant that he was never suspended and no disciplinary proceeding was ever started against him. It is true that the Tribunal has considered other relevant circumstances in the case also but, since the erroneous fact, as mentioned above, which is serious in nature in relation to the career of a Government servant, was also taken into account, it can not be presumed that it did not have considerable impact to the case of the appellant. We are, therefore, of the view that the Tribunal should have reviewed its judgment and reconsidered the case of the appellant. 5. Both the orders of the Tribunal passed on the main application of the review petition are accordingly set aside and the original application is remitted to the Central Administrative Tribunal for fresh disposal in accordance with the law. Having regard to the circumstances of the case it is highly desirable that the application is disposed of as early as may be possible.
Having regard to the circumstances of the case it is highly desirable that the application is disposed of as early as may be possible. 6. The appeal is allowed, but without costs.