AI Structured Summary
Not yet generated for this judgment
Judgment
Vinod K. Sharma, J.—The Petitioner prays for issuance of a Writ in the nature of Certiorari, to quash the order dated 01.04.2006, vide which the claim of the Petitioner for notional promotion stands declined.
It is not in dispute that the Petitioner was not included in the panel of promotion due to the pending charge-sheet, against him which resulted in punishment for stoppage of increment for six months without cumulative effect.
It was during the period of punishment that the case was considered for promotion, as the Petitioner was undergoing punishment, his name was not considered. The procedure followed is in accordance with the rules.
The learned Counsel for the Petitioner has challenged the impugned order by placing reliance on the guidelines issued by the Board for consideration of the case involving disciplinary proceedings etc, whereas, the learned Counsel for the Respondent contends that his case does not fall within the guidelines issued by the Board.
It cannot be disputed that the guidelines do not have any force of law, and are merely for guidance of the officials. The violation of the guidelines can only give right to initiate disciplinary proceedings against the officer violating the guidelines, but, these certainly do not give any legal right to employees, to have it enforced in the Court of law.
The action is in consonance with the statutory rules which bar the promotion of the persons who is undergoing punishment. Therefore, No. ground is made out to interfere with the impugned order.
Finding No. merits, the Writ Petition is dismissed. No. costs.