MANOJ KUMAR SINGH Vs. COAL INDIA LTD.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was the Deputy Materials Manager at the Regional Stores, Rajrappa Area in the year 1996. Certain procedural irregularities in issuing a tender notice were alleged to have been committed by him. A vigilance inquiry was initiated on the basis of which a decision was taken on 20.01.1999 for initiating disciplinary proceedings against the appellant. Before the disciplinary proceedings were initiated, the Departmental Promotion Committee was constituted for considering the promotion of various persons including the appellant for promotion to the next higher grade. The Departmental Promotion Committee which met on 8.10.1999 did not promote the appellant. It is the appellant's case that the appellant's juniors were promoted. It was only thereafter that on 10.10.1999 a charge-sheet was served on the appellant. The disciplinary proceedings ended with a censure order passed against the appellant on 21.06.2000. On 30.08.2000 a Departmental Promotion Committee was again constituted. This time the appellant was promoted to the next higher grade.

(3.) The appellant filed a writ petition claiming promotion with effect from 8.10.1999 when his juniors were promoted. His submission in the writ petition was that there were no departmental proceedings pending within the meaning of relevant rales when the 8.10.1999 DPC was held and as such the appellant was entitled to be considered for promotion on that date.