Girish Chandra Sharma vs State of M.P. and Others

Rajendra Menon, J.

Petitioner has filed this petition being aggrieved by action of the respondents in not promoting the petitioner to the post of Deputy Collector from the post of Supdt. of Land Records when 13 persons junior to the petitioner have been promoted to the aforesaid post vide order dated 03.02.1992. It is the case of the petitioner that even he was eligible Departmental Promotion Committee (D.P.C. for short) met in the year 1990 for considering the case for promotion without considering his case persons junior to him have been promoted.

Respondents on notice have filed reply and it is stated by them in the D.P.C. meeting held in the year 1990 case of the petitioner was also placed for consideration alongwith his juniors'' case, but as on the date of meeting of D.P.C. a departmental enquiry was pending against the petitioner and he was not found fit, therefore he was not promoted. However, record indicates that departmental enquiry culminited in a order dated 18.09.1991 being passed vide Annexure A-5 by which only warning was issued to the petitioner. Respondents have not refuted the aforesaid, but they have only contended that as the DPC did not find fit the petitioner for promotion, as a departmental enquiry was pending against him, therefore he was not promoted.

It is clear from the aforesaid that even if departmental enquiry was pending in the year 1991, then sealed cover procedure should have been followed and after the departmental enquiry was concluded the sealed cover should have been opened and recommendations of the DPC implemented. This was not done, therefore procedure followed for promotion and not considering the case of the petitioner because of departmental enquiry pending on the date of DPC meeting was clearly illegal. The departmental enquiry having ended by only issuing warning to the petitioner, matter has to be reconsidered by the DPC. Accordingly, this petition is allowed. Respondents are directed to convene a review DPC for reconsidering the case of the petitioner in accordance with law with effect form the date when DPC considered the case of immediate juniors to the petitioner i.e. in the year 1990 and take final decision in the matter afresh in accordance with law within a period of three months from the date of receipt of certified copy of this order.

In the result, petition stands allowed and disposed of with the aforesaid.