A K AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the Petitioner seeks a direction to the Respondents to consider his case for reglarisation/ regular promotion on the post of Assistant Engineer (Civil) w.e.f. 31.07.2008, and further seeks to quash the order dated 14.05.2008 (Annexure P-2), whereby, minor penalty of "censure" has been imposed. The Petitioner, also seeks a direction to fix the seniority of the Petitioner, in accordance with the policy/guidelines of promotion, as per his seniority in the promotion list to the post of Assistant Engineer (Civil) on ad hoc basis in the order dated 12.07.2004 (Annexure P-3).

(2.) The facts, relevant, in brief for adjudication of the dispute raised in this petition are in narrow compass. The Petitioner was initially appointed in the Public Works Department on 09.02.1988 and joined the post in the office of Sub Divisional Officer, Balod, District Durg. Thereafter, the Petitioner alongwith others were considered for promotion and by order dated 12.07.2004 (Annexure P-3), the Petitioner was promoted on ad hoc basis to the post of Assistant Engineer. He was placed in the list at serial No. 30. Thereafter, a show cause notice was issued for use of sub standard material and coal-tar in the lesser quantity, which damaged the road in the National Highway No. 6 between 326 to 339 and from 375 to 380 km. The Petitioner submitted his reply on 19.07.2007 (Annexure P-5) and one representation was made to the Chief Engineer, Public Works Department, Raipur, on 01.08.2007 (Annexure P-6) also. After consideration of his reply, the Petitioner, alongwith two other Sub Engineers namely K.K. Singh and J.L. Tandon, was placed under suspension on 03.08.2007 (Annexure P-7). Thereafter, the charge sheet was issued on 15.10.2007 (Annexure P-8) alongwith imputation of charges, list of witnesses and list of documents. One more notice was issued on 05.10.2007 (Annexure P-9), which was replied to by the Petitioner on 18.10.2007 (Annexure P-10). The enquiry officer found charges proved, thus, the competent authority imposed a minor punishment of "censure" by order dated 14.05.2008. The Departmental Promotion Committee (for short "the DPC") considered the case of other similarly situated ad hoc Assistant Engineers and by order dated 31.07.2008, regularized their promotion and the case of the Petitioner was not considered. Thus, this petition.

(3.) Shri Shrivastava, learned Counsel appearing for the Petitioner submits that the State has taken stand in the legislative assembly that the material used in the construction of the said road was not sub standard and the damages had taken place on account of heavy rains. On the contrary, in the enquiry, it has been held that the Petitioner alongwith other two persons were responsible for causing damage by using sub standard materials and less quantity of coal-tar. Thus, the imposition of minor penalty of "censure" may be quashed. Shri Shrivastava, further submits that under circular dated 2.5.1990 (Annexure P-12), it has been stated that the "censure" would not come in the way of promotion. Thus, withholding the regularization of the promotion of the Petitioner on ad hoc basis, when other similarly situated ad hoc Assistant Engineers were confirmed on the post, is bad and vitiated.