Er. P.S. Aulakh vs State Of Punjab & Ors.

SUDEEPTI SHARMA J.

The petitioner in the present writ petition is asking for issuance of a writ in the nature of mandamus directing the respondents to place the petitioner at Serial No.5 in the seniority list after his exoneration from the false charges vide order dated 03.12.2004 and to consider his case for promotion to the post of Superintending Engineer from the due date and consequently to the higher post of Chief Engineer.

Learned counsel for the petitioner contends that the petitioner was not considered in the Departmental Promotion Committee held in the year 2001 since the departmental proceedings were going on against him. He further contends that though punishment was imposed upon the petitioner but in departmental appeal filed by the petitioner against the punishment order, the order was withdrawn and he was issued simple warning and the only reasoning given in the written statement filed by the respondents for ignoring the petitioner for promotion is that punishment of warning is imposed. He therefore, prays that since the warning is not a punishment, therefore, petitioner be promoted from the year 2001 when his juniors were promoted and the notional benefits be also granted to him. He, therefore, prays that the present writ petition be allowed.

Per contra, learned counsel for the respondents submits that in the year 2001, disciplinary proceedings were initiated against the petitioner, therefore, his case was not considered by the Department Promotion Committee in the year 2001. Thereafter, he was found guilty and punishment order for stoppage of three annual increments with cumulative effect was passed, which was modified by the Appellate Authority by giving punishment of warning, therefore, he is not entitled to promotion. She, therefore, prays that the present petition be dismissed.

I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.

A perusal of the file shows that the petitioner was appointed as Sub-Divisional Engineer in August, 1972 and was promoted to the post of Executive Engineer in May, 1991 w.e.f. 01.01.1993. The Departmental Promotion Committee meeting to promote the Executive Engineer was held in the year 2001. The petitioner was facing disciplinary proceedings when Departmental Promotion Committee meeting was conducted, therefore, name of the petitioner was not considered by the Departmental Promotion Committee in the year 2001 for promotion to the post of Superintending Engineer from the post of Executive Engineer. Thereafter, the petitioner was found guilty and punishment of stoppage of three annual increments with cumulative effect was imposed upon him vide order dated 31.12.2003, which was later on modified by the Appellate Authority in the appeal filed by the petitioner against order dated 31.12.2003 vide order dated 03.12.2004 and punishment of stoppage of increment was withdrawn and warning was given to the petitioner holding him guilty of procedural irregularities. Since in the year 2001, the petitioner was facing disciplinary proceedings, therefore, his case was never considered by the Departmental Promotion Committee. The petitioner has admittedly retired in the year 2006. There is nothing on record to show that during this period any person junior to the petitioner was promoted or any of the Departmental Promotion Committee meeting was held and the case of the petitioner was not considered.

In view of the facts and circumstances of this case, this Court does not find any merit in the present writ petition and the same is hereby dismissed.

Pending applications, if any, also stand disposed of.