VISHWA NATH LAHARIA Vs. STATE OF M P

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution petitioner has assailed the action of the respondents in not promoting him on the post of Assistant Director from 28.02.2004 when other similarly situated persons were promoted vide Annexure P/4. Brief facts necessary for adjudication of this matter are as follow:-

(2.) Shri Raghuvanshi submits that modification of the punishment will take effect from the date of original punishment order i.e. 22.08.1988, however, his case has not been considered by the DPC for next promotion when it took place pursuant to which promotion order Annexure P/4 was passed whereby his statutory, fundamental right of promotion is infringed and is taken away.

(3.) In turn, Shri Newaskar, learned Deputy Government Advocate submits that the punishment is to be counted from the date of passing of the appellate order i.e. 24.10.2002 and not to be counted from the date of original punishment order and when DPC met i.e. 31.01.2004, petitioner was undergoing aforesaid punishment imposed by the appellate authority. In such circumstances, petitioner is not entitled for any relief.