LAWS(DLH)-2013-9-8

HARPAL SINGH JATAV Vs. DELHI HIGH COURT

Decided On September 02, 2013
Harpal Singh Jatav Appellant
V/S
DELHI HIGH COURT Respondents

JUDGEMENT

(1.) IN this writ petition the petitioner has sought a writ of certiorari for quashing letter dated September 26, 2011, letter dated August 29, 2012 and Minutes dated May 14, 2012 and letter dated July 05,2012, whereby the request of the petitioner for grant of arrears of pay and allowances from the date his immediate junior was promoted to the date of his actual promotion was rejected so also for review and consideration of that rejection.

(2.) BRIEF facts to be noted are that while working as a Senior Assistant, on January 06, 2009, the petitioner was served with a charge sheet wherein it was alleged that during the month of March 1993 while working as Ahlmad in the Court of Shri M.S.Rohilla the then Additional District & Sessions Judge, Delhi, the petitioner has manipulated and tampered with the judicial record in respect of a case State v. Ramesh Chand Khanna FIR No.94/1996 P.S.Jahangirpuri.

(3.) DURING the pendency of the inquiry proceedings, the name of the petitioner was considered for promotion to the post of Superintendent by a Selection Committee once on September 08, 2009 and again on August 13, 2010. On both the occasions, the findings of the Selection Committee were placed in the sealed cover. After the inquiry proceedings against the petitioner were concluded, the sealed covers dated September 08, 2009 and August 13, 2010 were opened wherein he was found ,,fit' for promotion to the post of Superintendent. Pursuant thereto, it was decided to grant promotion to the petitioner notionally to the post of Superintendent on ad-hoc basis with effect from the date his immediate junior was promoted as Superintendent.