SUNNAR LAL MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appeal is against the Annexure A/1 verdict dated 08.01.2021 passed by the learned Single Judge whereby interference was declined with regard to substantial prayer sought for payment of arrears to the Petitioner for working as In-charge Executive Engineer for a period from 18.09.2007 to 11.11.2010.

(2.) Heard Shri Rajeev Shrivastava, the learned counsel for the Appellant and Shri Sudeep Agrawal, the learned Deputy Advocate General representing the State, at length.

(3.) The learned counsel for the Appellant submits that, when the Appellant was working as an Assistant Engineer in the Public Works Department, Khairagarh Division in September 2005, he was placed under suspension. The suspension was revoked on 06.03.2007 and he was posted as 'In-charge Executive Engineer', Bridge Division, Ambikapur where he was working from 18.09.2007 to 02.07.2010 and then was posted back in the office of Chief Engineer, Bilaspur. While so, the departmental enquiry against the Appellant was completed and since the promotion exercise done in the meanwhile was pursued adopting the "sealed cover procedure", on culmination of the enquiry, the sealed cover was opened and the Appellant was given promotion vide order dated 11.11.2010 to the post of Executive Engineer and he was posted in Durg Division. It is brought on record that the Appellant was proceeded against by way of disciplinary proceedings placing him under suspension on different occasions in connection with different misconducts. As per the last round of departmental proceedings, some punishment was imposed by way of stoppage of three increments with cumulative effect, further causing recovery of an amount to the tune of Rs.3 Lacs. It appears that the said course and events, particularly the recovery have not been challenged. Annexure P/13 representation dated 11.03.2019 was preferred by the Appellant before the authorities, where the request of the Appellant was to set-off the amount left to be recovered vide order dated 04.06.2016 from the arrears payable to the Appellant. The inaction on the part of the Respondents made the Appellant to approach this Court by filing Writ Petition (S) No.3553 of 2019 with the following prayers :