SHRI DINESH KUMAR Vs. UNION OF INDIA THROUGH (SURVEYOR GENERAL OF INDIA AND DIRECTOR. WESTERN PRINTING GROUP)

JUDGEMENT

(1.) APPLICANT has filed this Original Application challenging Annexure A -1 letter dated 20.11.2012 of Respondent No. 2 informing him that the Respondent No. 1 has turned down his request to implement the promotion order already issued to him.

(2.) ACCORDING to the Applicant as the aforesaid charge was issued to him after the date of holding the DPC for promotion and after issuing the promotion order itself, the Respondents could not have withheld his promotion. He has, therefore, once again requested the Respondent No. 2, vide Annexure A -7 representation dated 06.11.2012, to relieve him to enable him to join on the promoted post of Office Superintendent at Dehradun. He repeated his request, vide Annexure A -8 representation dated 15.11.2012. Finally, he received the impugned Annexure A -1 communication dated 20.11.2012 informing him that in terms of para 11.1 and 17.9 (Promotion) of Swamy's complete manual on Establishment and Administration, he is not entitled to get promotion. The said paragraphs are reproduced as under: -

(3.) LEARNED counsel for the Applicant has also submitted that in accordance with the clarifications issued by the Department of Personnel & Training, vide Annexure A -2 OM dated 02.11.2012, the sealed cover procedure could be resorted to only after the charge memo was issued and during the pendency of the preliminary investigation prior to that stage it was not sufficient to adopt the said procedure. The relevant part of the said OM reads as under: -