BALKRISHNA VERMA Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition the petitioner is claiming seniority over respondent Nos. 4 to 13 as well as promotion on the post of Accounts Officer w. e. f. the date when private respondents were promoted.

(2.) NO exhaustive statements of facts are necessary for disposal of this petition. Suffice it to state that petitioner at the relevant point of time was serving on the post of Circle Superintendent in Water Resources Department. On account of certain misconduct committed by him, he was charge sheeted and after perusal of his reply to show cause, a minor punishment of censure was accorded to him vide order dated 6-7-1990 (Annexure A-3 ). It is no longer in dispute that earlier to passing of the minor punishment of censure, the case of the petitioner was considered by the members of the DPC in the year 1989 and his result was kept in a scaled cover. In the said DPC meeting respondent Nos. 4 to 13 were promoted.

(3.) AFTER holding a DE and after awarding minor punishment of censure on 6-7-1990 in the next DPC the case of the petitioner was considered and he was promoted on the post of Superintendent to Chief Engineer vide, order dated 28-8-1990 (Annexure A-4 ). The contention of Shri Trivedi, learned Counsel appearing for the petitioner is that according to circulars of the State Government dated 27-2-1975 (Annexure R-2) and dated 2-5-1990 (Annexure R-3) the minor penalty of censure would not come in the way of the petitioner and, therefore, his case for promotion ought to have been considered retrospectively and promotion ought to have been given to him retrospectively since the date when respondent Nos. 4 to 13, who were admittedly juniors to him, were promoted.