DEV DUTT Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The Petitioner was appointed as Assistant Draftsman on 22.02.1980. He was promoted as Sub Divisional Engineer on 29.12.1992 under AMIE quota on adhoc basis. Subsequently, w.e.f. 01.01.1993, he was regularly promoted as Sub Divisional Engineer (Civil). In the seniority list issued, the Petitioner appears at serial No. 72. Departmental Promotion Committee held its meeting on 29.05.2006, to consider the claim of promotion of the Petitioner and another person to the post of Executive Engineer.

(2.) The grievance of the Petitioner is that he was ignored and his juniors were promoted. The Petitioner has also disclosed that the reason for which he was ignored for promotion was the pendency of disciplinary proceedings. The Petitioner would contend that in one of the disciplinary proceedings, he was simply warned. However, in another proceedings, charge sheet was issued to him on 07.05.2004 under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules. The Petitioner had already submitted his reply on 16.06.2004. Thereafter, inquiry officer was detailed. He held the inquiry and gave his report on 19.07.2007, exonerating the Petitioner all the charges levelled against him.

(3.) The grievance of the Petitioner further is that he was still awarded punishment of stoppage of one increment without cumulative effect without recording any note of dissent or without following the procedure in this regard for award of punishment as given in the policy instructions. In this regard, the counsel would refer to the contents of notification dated 06.07.2007 (Annexure R-2) issued by the Government and relevant instructions in this regard are as under: