YOGENDRA SINGH YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Pratik Chandra and Sri Purnendu Kumar Singh, learned counsel Singh appearing for the Respondent Nos. 2 to 5.

(2.) This petition has been filed by the petitioner challenging the order dtd. 4/2/2021 passed by the Respondent No. 2 and also the consequential order dtd. 27/2/2021 passed by the Respondent No. 2 with a further prayer that the respondents be directed not to interfere in the working of the petitioner as Assistant Engineer (Electricity Distribution Sub Division) Banda Rural, District-Banda and not to adopt Sealed Cover Procedure in respect of promotion of the petitioner as Assistant Engineer in the Department.

(3.) It is the case of the petitioner that he was appointed as a Junior Engineer initially on Ad hoc basis in 2007, and thereafter, confirmed on the post in question and was transferred from place to place. Lastly he was working in the office of the Executive Engineer Electricity Distribution Division, Kanpur Dehat. A dispute arose with regard to implementation of Rajiv Gandhi Gramin Vidyutikaran Yojna 2005 -2006 and the petitioner was directed by the Superintending Engineer to appear before the Inspector incharge of Vigilance Inquiry, Sri Ajit Kumar on 29/11/2018 at Jhansi to get his statement recorded. The petitioner then came to know that a First Information Report was lodged under Sec. 409, 420, 120-B and Sec. 13 (1)(C), 13(1)(D), 13 (2) of the Prevention of Corruption Act, 1988 at PS- Navabagh, District Jhansi on 5/7/2019 against 9 persons including the petitioner in respect of irregularities pertaining to implementation of Rajiv Gandhi Rural Electrification Scheme as aforesaid. While the investigation was pending, proceedings for promotion were undertaken by the department and eligibility list was issued, the petitioner's name was included in the said eligibility list. A direction was issued by the Headquarter to provide information about pendency of any disciplinary/criminal proceedings or issuance of charge sheet if any in either of such proceedings against the officers whose name were mentioned in the eligibility list. No information was sent in so far as the petitioner was concerned. The petitioner was considered by the DPC and his name appeared in the list of selected candidates for the post of Assistant Engineer under the 40% promotion quota as evident from the order issued by the Managing Director, UPPCL on 26/10/2019. The petitioner joined as Assistant Engineer, Electricity Distribution Division, Jhinjak, Kanpur Dehat on 30/10/2019, and thereafter was directed to join the office of the Chief Engineer, Electricity Distribution Zone, Banda. The petitioner was also sent for training on 17/1/2020, and he completed his training and was directed to join at Electricity Distribution Division, Karvi-2, District Chitrakoot. The petitioner joined as Sub Divisional Officer, EDD Sub Division, Karvi-2, District Chitrakoot and was later on transferred to Electricity Distribution Sub Division, Banda Rural where he joined on 23/8/2020. The Respondent No. 2 has proceeded to pass an impugned order dtd. 4/2/2021 cancelling his earlier order of promotion dtd. 26/10/2019 and has further directed that the case of the petitioner shall be deemed to have been put under sealed cover as per the provisions of the Government Order dtd. 28/5/1997. Consequent to this order the petitioner has been reverted to his substantive post of Junior Engineer and the Respondent No.3 the Accounts Officer, UP Power Corporation Limited has further directed for payment of salary of the post of Junior Engineer to the petitioner, the salary that the petitioner was getting before his promotion The petitioner has joined in pursuance of the impugned order and is getting salary of Junior Engineer.