The High Court has cleared the way for procedures to promote 80 Garda inspectors.
However, Mr Justice Frank Clarke yesterday ordered that one promotional vacancy be left unfilled pending the outcome of a legal challenge by a Garda sergeant who has complained about how his application for promotion is being treated.
Last week Det Sgt Fergus Treanor secured a temporary High Court injunction restraining the holding of interviews for inspector positions.
Det Treanor claimed a retired Garda superintendent had told him that he had, on the direction of another superintendent, written unfavourable comments about Det Treanor to ensure he would not be promoted.
Det Treanor is attached to the regional human resources unit and is officially stationed at Carrickmacross Garda station.
He has brought his action against the Garda commissioner, Chief Supt Colm Rooney, retired superintendent Thomas Long, Ireland and the attorney general.
When the matter was returned to court yesterday, Paul Burns SC, for the Garda Commissioner, said the injunction was holding up the promotional procedure for 80 inspector posts. It was in the public interest and the interests of the Garda that the procedure be allowed to continue.
He said his side was rebutting the allegations, and he was handing in a replying affidavit. The judge said he was not reading that affidavit at this stage.
Mr Burns said measures could be put in place to protect Sgt Treanor's position in the event that he was successful in the proceedings. In the meantime the Garda Commissioner, at great inconvenience, could hold over one of the appointments.
Mr Justice Clarke said he would make an order restraining the commissioner from filling the final position.
He listed the case for mention in the next court term.