GULSHAN SATIJA Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) By agreement, and as suggested by the learned counsels for the parties, the main Writ Petition has been taken up along with the Civil Miscellaneous Application. In the said Civil Miscellaneous Application, the petitioner prays for a direction upon the respondents to open the sealed cover containing the case of the petitioner for promotion w.e.f 1995.

(2.) In the main Writ Petition, the petitioner has prayed for quashing the Charge-sheet (Annexure P-1); the Enquiry Proceedings; the Enquiry Report (Annexure P-6); and the Order dated 4.10.2000 (Annexure P-9) by which, the Respondents imposed the punishment of stoppage of two increments with cumulative effect. The petitioner has also prayed for issuance of a Writ of Mandamus directing the respondents to consider and promote him to the post of Divisional Manager and then to the post of Senior Divisional Manager because persons junior to him have been so promoted. Upon the grant of the aforementioned prayers, the petitioner prays that he be given all consequential benefits together with arrears of pay and interest at the rate of 18% per-annum.

(3.) The short facts which are necessary to be taken note of and which have been pleaded, are that while he was posted as Branch Manager in Chandigarh in June 1994, he made a complaint in the capacity of being the President of the Officers' Union against the functioning of the Local Regional Manager. In retaliation, the petitioner was transferred mid-session, to Kanpur and then to Gurgaon.