GHAN SHYAM Vs. ACCOUNTANT GENERAL U.P., ALLAHABAD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. The petitioner's name was forwarded for the purposes of promotion by letter dated 1st September, 1977 (Annexure -2 to the writ petition) for promotion to the post of Emergency Divisional Accountant a query was made as to whether any disciplinary proceeding is pending against the petitioner by means of letter dated 27.12.1977 (Annexure -3 to the writ petition). In reply thereto it was contended that no disciplinary proceeding was pending against the petitioner by a letter dated 24.10.78 (Annexure -5 to the writ petition).

(2.) IT was further intimated that no disciplinary proceedings were either pending or were in contemplation against the petitioner. The petitioner's name finds place in the list of the candidates at serial No. 1 as is specified in paragraph 11. However, an intimation was given that an investigation is continuing against a complaint against the petitioner as is disclosed in the counter affidavit and that was the reason the petitioner was not allowed promotion. In the counter affidavit the said situation has been admitted that no disciplinary proceedings were pending against the petitioner, but however, it was mentioned that certain complaints have been received against the petitioner during the last one and half years and those complaints were being investigated. The Executive Engineer while replying to the accountant general was not aware of the pending complaint against the petitioner. The same has been pleaded as ground for refusal of promotion to the petitioner. But however, no particulars of the complaint has been disclosed. No further information as to what has happened about the investigation were brought to the notice of this court. Nothing is forthwith coming with regard to the alleged investigation so as to apprise the court about the same. It has not been disclosed that the said investigation has been resulted into any disciplinary proceedings.

(3.) IN a supplementary rejoinder affidavit, the petitioner has pointed out that he is not aware of any complaints even if there be a complaint. Nothing has been communicated to the petitioner about said complaint. The petitioner has not been intimated about any investigation at any point of time.