Govind Bragta vs State Of H.P And Another

Sureshwar Thakur, J

The writ petitioner faced an enquiry for the articles of charge appertaining to his making withdrawals beyond the authorization vested in him. Consequently, upon occurrence of vacancies against the promotional post concerned, the name of the petitioner was not considered for promotion.

Even though the learned Counsel appearing for the petitioner contends, that, since even during the pendency of the present writ petition before this court, he was placed at a reckonable notch in the seniority list maintained for the relevant purpose, hence, despite the enquiry pending against him, for the afore drawn articles of charge, rather, as and when DPC concerned became convened, his name was to be considered for selection to the promotional post concerned, yet with a rider that his name be kept in a sealed cover, till the culmination of the enquiry with respect to the afore drawn articles of charge against him.

Lamentably, the afore recourse remained earlier unadopted, by learned Counsel appearing for the petitioner, and, hence, he is now estopped to make the aforesaid address before this Court.

Nonetheless, since during the pendency of the instant writ petition before this Court, the learned Counsel appearing for the petitioner, intimates this Court that the enquiry officer, has concluded his enquiry upon the afore drawn articles of charge, and has also proceeded to impose upon the delinquent officer, the petitioner herein, a minor penalty of stoppage of one increment without cumulative effect, thereupon, his name now becomes amenable for being considered for promotion to the relevant post.

Though the writ petitioner may hold a remedy to challenge the report of the enquiry officer, and if challenged, and if the writ petitioner succeeds, the respondents concerned would be debarred from enforcing the afore penalty of stoppage of one increment.

However, the learned Counsel appearing for the petitioner submits that the appellate authority seized of the appeal, as, directed before it against the order imposing a minor penalty of stoppage of one increment upon the petitioner, has not stayed the operation of the afore order made by the enquiry officer, hence, the afore order at this stage, acquires an element of finality. However, the respondents concerned are directed to constitute a DPC for considering, subject to availability of promotional posts, the candidature of the writ petitioner and before constitution of the DPC, by the respondents concerned, they shall ascertain that the afore term of imposition of a minor penalty of stoppage of one increment, has expired or has ended.

The petition stands disposed of in the aforesaid terms, alongwith all pending applications.