SURJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Junior Engineer on regular basis and he joined his services on 11.3.1966. The seniority list of Junior Engineers (Civil) of P.W.D. Public Health Branch, Haryana, was drawn as it stood on 1.1.1994 (copy Annexure P-1). As per the said seniority list, the petitioner has been shown at serial No. 71 and respondent Nos. 4 to 12 at serial No. 73, 75, 76, 79, 80, 82, 83, 84 and 85 respectively As per the placement of the petitioner and the respondents, admittedly the respondent Nos. 4 to 12 are junior to the petitioners.

(2.) The petitioner was served with a charge sheet on 15.6.1988 for having made a false complaint against one Shri V.P. Tuteja, Executive Engineer and thus violated the provisions of the Government Employees Conduct Rules of Haryana, 1966. As per the averments of the petitioner, the enquiry was kept pending for almost nine years and the decision was given vide order dated 7.11.1997 vide which the petitioner was punished by stoppage of one increment without future effect (copy of the order is Annexed as Annexure P-2)

(3.) The respondents promoted 16 Junior Engineers to the post of Sub Divisional Engineers vide order dated 16.8.1997 in which respondent Nos. 4 to 9 who are admittedly junior to the petitioner in the rank of Junior Engineer had also been promoted. The case of the petitioner was not considered only on the ground that his Annual Confidential Reports were not available in the Office of the Engineer-in-Chief, Haryana. The petitioner made are representation on 14.10.1997 and the said representation has not been decided till date. Further, the State of Haryana promoted four Junior Engineers to the post of Sub Divisional Engineer vide order dated 7.11.1997 and the said persons promoted are also junior to the petitioner. The petitioner again made are representation on 1.12.1997 but no reply has been received by the petitioner, nor any has been communicated till date. It is further averred that as per the letter dated 28.11.1997 addressed by respondent No. 2 to respondent No. 3, it is stated that Annual Confidential Report files of the petitioner are not available but the same would be supplied within two days. The grievance of the petitioner is that he has not been considered for promotion to the post of Sub Divisional Engineer despite the fact that he is senior to number of Junior Engineers who have been promoted in the month of August, 1997 and November, 1997 and the only ground which had been taken by the respondents is that his Annual Confidential Reports were not available. Again the petitioner was not considered by the Screening Committee in its meeting held on 1.1.1998 on the similar ground that the Annual Confidential Report of the petitioner are not available in the Office. The petitioner has also further stated that the petitioner has more than 70% good reports which are required for promotion to the rank of Sub Divisional Engineer and definitely it is not his fault that his A.C.R. files are not located by the respondents and in fact the ACR files are not being put up intentionally for denying the right of promotion to the petitioner.