N KUPPUSAMY Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THIS writ petition has been filed to quash the order of the first respondent dated 27. 10. 1999 in Memo No. 031851/699/admn. 11 (1)/99-4 and direct the respondents to include the name of the petitioner below the name of Mr. K. A. Syedbear (serial No. 19) and above the name of Mr. M. Subbarayan (Serial No. 20) in the panel of approved list of Commercial Inspectors to the promotion posts of Foreman First Grade drawn by the first respondent dated 27. 10. 1999 in Memo No. 031851/699/admn. 11 (1)/994.

(2.) IN the affidavit in support of the writ petition it is stated that the petitioner joined as casual labourer on 16. 6. 1971 in the respondent department; that he was promoted as Helper on 1. 1. 1977 and then as a Commercial Assistant on 27. 6. 1979; that he was promoted as Assistant Commercial Inspector on 31. 3. 1990; and that as Commercial Inspector on 21. 12. 1994. While he was working as Assistant Commercial Inspector, his immediate senior was one K. A. Syedbear and his immediate junior was one M. Subbarayan. This seniority was maintained throughout. Whileso, in the year 1999, a panel was prepared for promotion to the post of Foreman - Grade I. In that list, petitioner's name was not included since charges were framed against him and departmental proceedings was pending. Subsequently, K. A. Syedbear and M. Subbarayan were promoted to the post of Foreman Grade I. The charges framed against the petitioner was dropped on 17. 2. 2000. In spite of that petitioner was not given promotion as Foreman Grade I. Petitioner made representations but of no avail. Petitioner also filed an appeal against non-inclusion of his name in the panel, but without any success. Hence the present writ petition to quash the order refusing his name to be included in the panel and also to promote him and restore his original seniority.

(3.) A counter affidavit has been filed by the respondents and in that it is stated that the petitioner's case was considered to be included in the panel in the year 1999. But the Promotional Committee did not recommend his name for promotion to the post of Foremangrade I, as he was involved in a criminal case and a disciplinary proceeding was initiated against him. As per the Board Proceeding No. 316 dated 27. 12. 1995, 'where specific charges have been framed and charge sheet has been filed in criminal case, promotion/appointment of such cases shall be deferred till the proceedings are concluded'. Therefore his name was not included in 1999 panel. The disciplinary proceeding did not come to an end before the promotion was made. Therefore, promotion was given as per 1999 panel and the request of the petitioner was rejected by the Chief Engineer. Then the petitioner approached the High Court by filing W. P. No. 7697 of 2000 and this Court directed the Superintending Engineer to consider the representation of the petitioner and pass orders thereon within three months. Consequently, the petitioner was informed that his name would be included in the next panel for promotion to the post of Foreman-Grade I and promotion will be ordered as per seniority and existing rules. At the time of preparation of earlier approved panel dated 27. 10. 1999, petitioner's name was not included because disciplinary proceeding was pending against the petitioner. Subsequent panel was prepared and approved on 9. 4. 2001 and petitioner's name was included in that and his name was considered for promotion as Foremangrade