V.K. KADYAN Vs. P.K. GUPTA

JUDGEMENT

(1.) BY this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the order dated 12.12.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the 'CAT') whereby the learned CAT had dismissed the Contempt Petition No. 4/2014 in O.A. No. 1640/2013 preferred by the petitioner.

(2.) THE grievance raised by the petitioner in the instant petition is that the respondents have committed contempt of the Court by not promoting him to the post of Superintending Engineer (Civil) in terms of the direction given by the learned CAT vide order dated 23.08.2013 passed in O.A. No. 1640/2013. As per the petitioner, he has been continuously working as Executive Engineer (Civil) since 2000 on look after basis and on ad hoc basis since October, 2002 and despite the fact that the petitioner was fully exonerated from the departmental enquiry on 11.05.2012 he was not considered for promotion to the post of Executive Engineer (Civil) while his juniors were promoted to the said post and then to the next higher post of Superintending Engineer (Civil) .

(3.) MR . Rajeev Sharma, the learned counsel for the petitioner strongly urged that three officers who are presently holding the post of Superintending Engineer (Civil) are much junior to the petitioners and they were regular Assistant Engineers and were promoted as Executive Engineers on ad hoc basis and thereafter in the year 2007 were given the charge of higher post of Superintending Engineer (Civil) . The contention raised by the learned counsel for the petitioner is that a person who was not even a regular Executive Engineer (Civil) was not eligible to be assigned the charge of higher post of Superintending Engineer (Civil) .