BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner at the relevant time was posted as a Clerk in the office of General Manager, Punjab Roadways, Amritsar. On 5.3.1979 he was suspended on account of some incident that is said to have taken place on 5.2.1979. The suspension was subsequently revoked and a statement of charges Annexure R-2 with the petition and a charge-sheet was served on the petitioner on 16.4.1980. It has been averred that after re-instatement of the petitioner pending enquiry promotions to the posts of Assistant/Junior Auditors for which the petitioner was also liable to be considered were made on 18.10.1970 and 31.10.1979,the criteria for promotion being seniority-cum-fitness. It has also been alleged by the petitioner that though he was meritorious and ought to have been promoted, being the senior-most clerk, yet his case was ignored and the private respondents 3 to 7 who were junior to the petitioner as per seniority list Annexure P-l were in fact promoted. The petitioner represented against this supersession but having received no satisfactory reply, filed the present petition.

(2.) The case of the petitioner as set out in the petition is that his ease had not been considered for promotion along with the first 11 persons promoted on 18.10.1979 and in any case the misconduct which was one of the reasons recorded for not promoting him ought not to have been taken into consideration as the charge-sheet was served on 16.4.1980 whereas the promotion had been made prior to that date.

(3.) In the reply fded on behalf of the official respondents it has been stated in para 5 that the case of the petitioner was considered along with other Clerks at the lime of making promotion to the posts of Assistant/Junior Auditors from time to time, but he was not considered fit for promotion on account of his bad service record and charges of misconduct and indiscipline. A copy of the statement of allegations served on the petitioner along with charge-sheet dated 16.4.1980 has also been appended as Annexure R-2 with the reply filed by respondents 1 and 2. It has been urged by Mr.Sarwan Singh, learned counsel for the petitioner, that the charge-sheet and the statement of allegations could not be taken into consideration as admittedly on 31.10.1979 when the promotion was made the charge-sheet had not been served upon him. This fact has not been controverted by the counsel for the respondent-State.