BIRENDRA SINGH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred the instant petition under Article 226 of the Constitution of India being aggrieved by inaction on the part of the respondents in not granting promotion to the petitioner on the post of Assistant Sub-Inspector despite the fact that minor punishment imposed upon the petitioner in a departmental revision proceeding has been removed and further they forced the petitioner to participate in the promotional process which was to be commenced from 17/8/2014.

(2.) Brief facts of the case as mentioned in the petition, are that the petitioner was initially appointed in Chhattisgarh Security Force as a Constable on 13/10/1998. Thereafter, in due course of time, he was promoted to the post of Head Constable on 11/9/2002. In furtherance to the above, the petitioner became entitled for next promotion that is to the post of Assistant Platoon Commander/Sub-Inspector. Accordingly, the petitioner was called for physical examination in connection with such promotional process on 9/7/2008 which he clarified successfully. Subsequently, the petitioner along with other selected candidates was called for written examination on 28/8/2008. As per result dtd. 6/6/2009 (Annexure P/1), the petitioner successfully cleared the written examination and he was selected for Pre Promotion Course (for short P.P. Course) and after completion of which he was to be granted promotion. Despite the aforesaid result, the petitioner was not sent for P.P. Course necessary for his promotion, whereas other selected candidates including his juniors after undergoing such course were granted promotion to next higher post. However, on making much effort for being known about the reason as to why he was not sent for the P.P. Course, the petitioner was orally informed that on account of pending departmental enquiry, he was not being sent for the course concerned.

(3.) Earlier, the petitioner was served with a charge-sheet on 16/4/2008 for some alleged act of misconduct for which an FIR was also lodged at Police Station Dhamtari under Sec. 294, 323, 506 Part-II of the Indian Penal Code, 1860. However, after trial, the proceeding was culminated into acquittal of the petitioner vide order dtd. 18/9/2008 (Annexure P/2). For the same alleged misconduct, a departmental enquiry was initiated against the petitioner and vide order dtd. 9/7/2008 (Annexure P/3), a minor punishment of stoppage of one annual increment for a period of one year without cumulative effect, was imposed upon the petitioner. Being aggrieved by the said punishment order, the petitioner preferred a departmental appeal before the competent authority and the same was dismissed vide order dtd. 1/12/2009 (Annexure P/4). Thereafter, the petitioner preferred Second Appeal before the respondents and the same was allowed vide order dtd. 26/10/2012 (Annexure P/5) cancelling the order of punishment dtd. 9/7/2008. Earlier on 7/10/2009, petitoner filed a writ petition bearing W.P.(S) No. 5881/2009, seeking interference of this Court in the matter of his promotion on the ground that the minor punishment does not come in the way of promotion. However, during pendency of the said petition earlier his departmental appeal was dismissed, but subsequently his Second Appeal was allowed in full as explained above. As a result of the order dtd. 26/10/2012 (Annexure P/5), the order of punishment and its affirmation in departmental appeal lost its value in the eyes of law and the stand of the respondents in the reply filed in such petition that because of the imposition of minor punishment the petitioner's case could not be considered for promotion lost its sanctity completely. As a consequence, the petitioner became entitled for all the benefits. This Court vide order dtd. 6/5/2014 (Annexure P/6) disposed of the petition i.e. WPS No. 5881/2009 directing the respondents to decide the representation of the petitioner within a period of four months. In compliance of this Court's order dtd. 6/5/2014, petitioner submitted a representation dtd. 17/5/2014 (Annexure P/7) before the competent authority and sought for an appropriate direction in the matter. Inspite of deciding the representation of the petitioner, respondents asked the petitioner over phone to appear in the fresh promotion process which was to be commenced on 17/8/2014 by conducting physical test under the Chhatisgarh Head Quarters, Bhilai. Hence, this petition has been filed by the petitioner for following reliefs:-