KHUSHAHAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, Khushahal Singh, being aggrieved by his non selection on the post of Chief Engineer, Level-II (Mechanical) in the Irrigation Department of the Government of Uttar Pradesh, has preferred this writ petition challenging the proceedings of the Departmental Promotion Committee (hereinafter referred to as the DPC) held on 6.3.02.

(2.) The main ground of attack to the proceedings of the DPC is that annual character roll entries for various years were toned down (downgraded) by the accepting authority without giving reasons, which has resulted in reducing the marks than the marks which otherwise would have been awarded to him as per the procedure adopted by the DPC. A further plea has been taken that certain entries, regarding which representations were pending, could not have been taken into consideration in accordance with U.P. Government Servants (Disposal of representations against adverse annual confidential reports and Allied matters) Rules, 1995. The petitioner has brought on record his own assessment made as per relevant Government Orders, for the period of last ten years, and claims that he ought to have been awarded 22.91 marks by taking into consideration the entries awarded by the reporting officer, whereas the State has also produced the record and has indicated that the petitioner was awarded 19 marks in accordance with the prevalent practice wherein the entry finally awarded by the accepting authority was taken as final in terms of the G.O. dated 5.3.93, and thereafter two marks were deducted for two special adverse entries and, therefore, he could not come in the category of selected candidates.

(3.) The entries which have been downgraded are, for the years 1998- 99,1999-2000 and 2000-2001.