CIVIL WRIT PETITION NO.7984 OF 2008 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
DATE OF DECISION: AUGUST 24,2009
O.P.S.Dhaka
.....Petitioner
VERSUS
State of Haryana and another
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
PRESENT: Mr. G. C. Shahpuri, Advocate,
for the petitioner.
Mr. Harish Rathee, Sr.DAG, Haryana,
for the State.
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RANJIT SINGH, J.
The petitioner, who is a Sub Divisional Officer, has filed
this writ petition for his promotion as Executive Engineer w.e.f
21.9.2006, when his name was considered for promotion. The
petitioner has vaguely made some reference to the proceedings
initiated against him for awarding him major penalty. A charge sheet
in this regard was issued to him on 27.5.2005. The petitioner has
averred that no action thereafter has been taken against him. Charge
sheet issued against Executive Engineer on the same date has been
CIVIL WRIT PETITION NO.7984 OF 2008 :{ 2 }:
dropped on 10.1.2008 but the charge were statedly pending against
the petitioner when he filed this writ petition. The petitioner has also
made some reference to the meetings of the Departmental
Promotion Committee, where his name was ignored on the ground of
pendency of proceedings or punishment etc.
The facts, as disclosed in the writ petition, are
controverted in the reply filed, besides stating that the petitioner has
attempted to conceal the true facts. Allegations against the petitioner
are that he had made payment to agency at his own level while he
was posted in Construction Sub Division No.1, Panipat, without
execution of work. He was solely held responsible for this and so a
charge sheet was issued to him 27.6.2005. Enquiry Officer was
appointed on 1.5.2008 and the enquiry report was still awaited when
the reply was filed. Reference is also made to the remarks made in
his annual confidential report for the period from 1.4.2003 to
31.4.2004 doubting his integrity. The petitioner has also been
awarded stoppage of two increments one each separately without
cumulative effect on 26.10.2006 and 26.5.2005. The petitioner is
making reference to this punishment to say that the currency would
be over in 2007 but he has not made any reference to the
proceedings which are in progress against him for major penalty in
response to a charge sheet issued to him on 27.6.2005.
Be that as it may, it was pointed out before this Court that
apart from this enquiry in progress against the petitioner under Rule
7 of the Haryana Civil Services (Punishment and Appeal)
Rules,1987, the petitioner was undergoing currency of punishment
which was to over on 30.4.2009. Counsel for the petitioner took time
CIVIL WRIT PETITION NO.7984 OF 2008 :{ 3 }:
to place the material on record in this regard that the currency of
punishment was over prior to 30.4.2009. So far he has not been able
to place any material on record. The petitioner has today placed on
record Annexure P-14, which gives some indication about his fixation
of pay, which would not in any manner show if the currency of the
punishment was over prior to 30.4.2009. The petitioner has a right of
consideration and can not be promoted as prayed for by him. He is
facing enquiry proceedings for award of major penalty, for which a
charge sheet has already been issued to him. In this background, the
petitioner, after consideration, still would not be entitled to promotion,
unless these proceedings are brought to finality. The pendency of
proceedings, once he has been issued a charge sheet, would be a
good ground not to promote him as per the law laid down by the
Hon’ble Supreme Court in the case of Union of India Vs.
K.V.Jankiraman etc.etc., AIR 1991 Supreme Court 2010.
The writ petition is accordingly disposed of with a
direction to the respondents to consider the claim of the petitioner for
promotion, if he is otherwise eligible and due for consideration.
August 24, 2009 ( RANJIT SINGH ) khurmi JUDGE