THE PRINCIPAL SECRETARY Vs. M.RAJAN

JUDGEMENT

(1.) This writ appeal has been filed by the State as against the order passed by a learned Single Judge of this Court in W.P.(MD).No.12142 of 2014, whereby and whereunder the learned Single Judge of this Court directed the appellant to promote the respondent as per the panel prepared on 02.05.2014 in G.O.(D).No.19, on par with his juniors, who have been promoted on 16.07.2014, within a period of four weeks.

(2.) The case of the respondent before the learned Single Judge is as follows; The respondent has been working as Executive Engineer in the appellant Department. He has completed 29 years of service. In the panel for promotion to the post of Superintending Engineer issued by the appellant, dated 02.05.2014, the respondent's name found place in Serial No.6. While so, the appellant had given promotion by his order dated 16.07.2014 to the other persons deleting the name of the respondent. According to the respondent, on the crucial date of preparation of panel for promotion, there was no charge or proceedings pending against him and therefore, he ought to have been promoted to the post of Superintending Engineer and the appellant has discriminated him without any just cause. Hence, he has come up with the writ petition for a direction to the appellant to issue posting order to him as Superintending Engineer.

(3.) The appellant has resisted the above submission by filing a detailed counter affidavit before the learned Single Judge stating that it is true that the name of the respondent was taken up for consideration for promotion to the post of Superintending Engineer for the year 2013-2014. But, based on the vigilance report, the Government has issued a letter No.32548/E1/2012-5, dated 01.07.2014, requesting the Commissioner for Disciplinary Proceedings, Tirunelveli, to conduct an enquiry against the respondent and two others. Therefore, the Commissioner for Disciplinary Proceedings has framed charges against the respondent and two others and served the same on 30.07.2014. In the meanwhile, the Government, vide order dated 16.07.2014, has issued promotion and posting orders to the Executive Engineers, except the respondent herein. Since the enquiry was pending against the respondent, he has not been considered for promotion. Thus, he prayed for dismissal of the writ petition.