CHANDRA BHUSHAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala, J. This writ petition has been made not to withhold recommendations made by the Departmental Promotion Committee dated 24-8-2006 for promotion to the post of Chief Engineer Level-II, on the basis of the charge-sheet dated 25-8- 2006 and further it is prayed to grant benefit of the promotion to the petitioner from the date when juniors to the petitioner have been promoted to the post of Chief Engineer Level-ll.

(2.) THE petitioner contended that the departmental proceeding and filing of charge-sheet etc. is nothing but an eye wash in which he was earlier exonerated by the Inquiry Officer. THE charge was in respect of continuation of the ad hoc employees for a period of 240 days exceeding one year. THE only question raised by the authority is that 240 days in a year means a period from January to December of the said year not from such date to the next year completing 12 calendar months. In any event since the petitioner was exonerated, the petitioner's promotion cannot be withheld. However, the disciplinary authority disagreed with the finality of the Inquiry Officer and made censure entry in the service record. Again when the second promotion was recommended by the Departmental Promotion Committee, it was withheld by a subsequent charge-sheet in connection with earthwork of 6 kilometers in an area for which memorandum of understanding was executed through a Governmental agency and was cancelled on 21st April, 2005 without payment of money.

(3.) NO order is passed as to costs. V. C. Misra, J.-I agree. Petition disposed of. .