ANIL BHANA Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 14.7.2015, whereby the petitioner's representation against the DPC proceedings for promotion to the post of Dy. Collector has been rejected on the ground that the petitioner was imposed the penalty of censure on 1.1.2013.

(2.) In brief, the case of the petitioner is that he is presently working as Tehsildar and a charge sheet was issued to the petitioner on 10.6.2011, thereafter the punishment of censure was imposed vide order dated 31.12.2012. The said order was dispatched on 1.1.2013, hence the date of the order of censure i.e. 31.12.2012 is the effective date, whereas the DPC was held in the next year as on 1.1.2013, therefore, the order of censure will not come in the way of promotion and on that ground the promotion cannot be denied. While rejecting the petitioner's representation by the impugned order dated 14.7.2015, the respondents have taken the view that the penalty of censure was imposed on 1.1.2013.

(3.) The respondents have filed their reply taking the stand that the DPC was required to take into account the position existing on 1.1.2013 and since the penalty of censure was imposed vide order dated 1.1.2013, therefore, the petitioner has rightly been denied the promotion.