ABDUL MALIK Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) Quintessential facts, necessary for decision of the issue raised in this petition are that the petitioner, at the relevant time, belonged to Commercial Tax Department of the State. On 19.12002, he was promoted as Commercial Tax Officer though, on ad hoc basis. On certain allegations, he was placed under suspension vide order dated 11.04.2005. A charge sheet followed on 24.05.2005. While the departmental enquiry remained pending, the DPC was convened on 208.2005 to consider cases of all those ad hoc Commercial Tax Officers, who were promoted along with the petitioner earlier in the year 200 Except the case of the petitioner, all other ad hoc officers were granted regular promotion. Because of the pendency of the departmental enquiry, recommendations in the case of the petitioner were kept in sealed cover.

(3.) Eventually, the suspension of the petitioner came to an end vide order dated 07.01.2006. The course of events changed quickly thereafter as a show-cause notice was issued on 101.2006 proposing imposition of a minor penalty on the petitioner. This was the stage when the enquiry officer was not appointed. On that day itself, the petitioner filed reply denying the allegations on the basis of which minor penalty was proposed.