KHUSAL SHING Vs. REVENUE DEPARTMENT

JUDGEMENT

(1.) The petitioner before this Court who is working on the post of Tehsildar, has filed this present petition claiming the promotion to the post of Dy. Collector i.e. State Administrative Services (Junior Scale).

(2.) The contention of the petitioner is that in the Gradation List of the year 2014 issued in respect of Tehsildars, his name finds place at Serial No. 161 and persons who are admittedly junior to him, who are at Serial No. 162 to 169, have been promoted to the post of Dy. Collector and the recommendation of the Departmental Promotion Committee in respect of the petitioner has been kept in sealed cover.

(3.) Learned counsel Shri Pramod Meetha has drawn the attention of this Court towards a show-cause notice issued on 21.10.2014 by the competent disciplinary authority in exercise of powers conferred under Rule 3(1)(i)(ii)(iii) of the M.P. Civil Services (Conduct) Rules, 1965 and his contention is that after the petitioner has submitted a reply to the show-cause notice, the competent disciplinary authority being satisfied by the reply to the show-cause notice, has passed an order on 8.2016 closing the matter, meaning thereby exonerating the petitioner in respect of the allegations levelled in the show-cause notice. The order exonerating the petitioner dated 8.2016 is also on record. The petitioner's contention is that because a show-cause notice was in existence at the relevant point of time when the DPC took place and when the promotion order was issued in respect of juniors, recommendations in respect of the petitioner were kept in sealed cover and as now the petitioner has been given clean-chit by competent disciplinary authority, he is entitled for all consequential benefits.