KRISHAN LAL MANHAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the validity of order dated 21.03.2011 passed by the Tribunal by which OA No.472-HR of 2010 filed by D.N.Taneja has been allowed and OA No.1052-HR of 2010 filed by the petitioner Krishan Lal Manhas has been dismissed.

(2.) In OA No.472-HR of 2010, D.N.Taneja had challenged the order dated 15.07.2009 by which a non statutory penalty of simple warning was imposed upon the petitioner and orders dated 30.07.2009 and 04.01.2010 by which the petitioner was promoted to the post of Additional Principal Chief Conservator of Forest (hereinafter referred to as the "APCCF") and Principal Chief Conservator of Forest (hereinafter referred to as the "PCCF") respectively and for direction to respondent No.3 to impose one of the statutory penalties upon the petitioner and also prayed for grant of direction to respondent No.3 to consider him for promotion as APCCF w.e.f. 01.04.2009 and as PCCF w.e.f. 04.01.2010 as he was officer next in seniority and was otherwise found fit by the Screening Committee. In the OA No.1052-HR of 2010, the petitioner had challenged the order of his posting against an Ex.Cadre post of OSD Rules. The relevant skeletal facts of the case are that the petitioner is an IFS officer of 1976 Batch of Haryana Cadre, whereas D.N.Taneja and Dr. Parvej Ahmed were IFS officer of 1977 Batch of Haryana Cadre. On 13.05.2005, the petitioner was charge sheeted under Rule 8 of the All India service (Discipline and Punishment) Rules, 1969. Enquiry Officer was appointed on 22.02.2006. The petitioner filed OA No.43-HR of 2008 seeking quashing of the charge memo dated 13.05.2005 which was disposed of by the Tribunal on 07.11.2008 with a direction to expedite the disciplinary proceedings against the petitioner by concluding the same within a period of two months, which was further extended for 2 months on 19.02.2009. On 19.11.2008, report was submitted by the Enquiry Officer and a show cause notice was issued on 09.03.2009 for penalty of Censure by the State Government. A Departmental Screening Committee was held on 20.03.2009 for judging suitability of the officers for promotion to the post of APCCF in which the petitioner was placed at Sr. No.1 and D.N.Taneja was at Sr. No.3. Two posts were vacant and, therefore, person at Sr. No.2, namely, Dr. Parvez Ahmed was selected and promoted on 26.05.2009 and case of the petitioner was kept in a sealed cover pending conclusion of the disciplinary proceedings. On 08.06.2009, the Punishing Authority of the petitioner took a decision not to award any punishment but to order a simple warning without the same being recorded in the service book and vide order dated 15.07.2009, order of simple warning was issued to the petitioner. The sealed cover applied in the case of promotion of the petitioner as APCCF was opened on 30.07.2009 and he was promoted as such w.e.f. 01.04.2009 with all consequential benefits. A meeting of the Screening committee was held on 11.12.2009 for selection of the solitary post of PCCF (Haryana Cadre) in which the petitioner was found eligible and was placed at Sr. No.1. He was selected and promoted as PCCF vide order dated 04.01.2010.

(3.) On 04.02.2010, another Ex.Cadre post of PCCF was created in terms of Rule 9 (1) of the Indian Forest Service (Pay) Rules, 1968. Dr. Parvez Ahmed was promoted to the rank of PCCF and posted vice petitioner and the petitioner was sifted to the post of Managing Director, Haryana Forest Development Corporation. Thus, till this point of time, two posts of APCCF and two posts of PCCF i.e. one cadre post and another excadre post became available. Now, in case the petitioner is found to be unfit to be entitled to opening of the sealed cover, then he would remain as Chief Conservator of Forests and in his place, Shri D.N.Taneja was to be considered firstly for promotion to the post of APCCF w.e.f. 01.04.2009 when the vacancy became available and then as PCCF and if not w.e.f. 04.01.2010, at least w.e.f. 04.02.2010 when officer immediately senior to him, namely, Dr. Parvez Ahmed was promoted as such but the petitioner was promoted as APCCF w.e.f. 04.01.2010. He made a representation on 30.03.2010 and ultimately challenged the orders of promotion of the petitioner by way of OA No.472-HR of 2010 before the Tribunal but retired during the pendency of the OA on 30.09.2010. However, the said OA was allowed vide order dated 31.03.2011 which is the subject matter of the present writ petition. It may be pertinent to mention here that the petitioner was served with a fresh show cause notice on 28.07.2010 for initiation of proceedings de-novo by withdrawing earlier order of punishment.