OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) PRAYER in the petition is to consider the case of the petitioner for promotion from the post of Assistant Engineer (Civil) to the post of Executive Engineer (Civil) with retrospective effect from 9.1.2003 when the juniors to the petitioner were promoted.

(2.) THE facts of the case are that the petitioner is working on the post of Assistant Engineer (Civil). There were adverse remarks against the petitioner in the year 98-99. The case of the petitioner for promotion to the post of Executive Engineer along with other Assistant Engineers was considered in the meeting of D.P.C. which took place on 28.12.2000, but there were adverse remarks against the petitioner in the ACR of 1998-99, therefore, petitioner was not found fit for promotion. Further case of the petitioner is that ACR of the year 1998-99 were communicated to the petitioner on 23.8.2001. The representation was submitted by the petitioner against the said adverse remarks. Vide order dated 26.12.2001, adverse remarks were expunged.

(3.) LEARNED counsel for respondents submits that since the adverse remarks were expunged later on, therefore, there was nothing wrong on the part of the respondents in rejecting the case of the petitioner for promotion on 28.12.2000.