SUDESH KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition has been filed praying for directions to quash the order dated 1.6.2011 (Annexure P -6), whereby, respondent No. 3 has been promoted to the post of District Manager ignoring the petitioner.

(2.) THE petitioner is working as Senior Assistant in the office of Punjab State Scheduled Castes Land Development and Finance Corporation. Vide order dated 13.02.2002 five colleagues of the petitioner were placed under suspension on account of allegations of cheating and misappropriation of records concerning purchase of plots for 210 beneficiaries in District Ferozepur and disciplinary proceedings were also initiated against them. The petitioner was not one of them. Later, FIR No. 38 dated 6.7.2006 under Sections 409/120 -B/420 IPC read with section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Ferozepur was registered against various officials of the respondent -corporation including the petitioner. However, challan was not presented nor any departmental proceedings initiated against the petitioner. The promotion of the petitioner to the post of District Manager became due on 10.4.2011 and he represented to the department that he be promoted. In his representation, it was stated that as no show cause notice or charge sheet has been issued to the petitioner and in the FIR no challan has been presented, hence, he could not be denied promotion. Reference was made to instructions of the Punjab Government dated 6.3.2000 as per which: -

(3.) HOWEVER , disregarding the case of the petitioner, respondent No. 3 who is junior to the petitioner, was promoted on 10.6.2011. The promotion order specifically mentions that the case of the petitioner will be considered only after he is given clean chit in the vigilance case.