H.C. CHHATWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Admitted. Pleadings of the parties are complete. By consent the writ petition is placed on board and called out for hearing.

(2.) It is needless to set out in details the averments made in the petition. Suffice it to state that the petitioner was appointed as temporary engineer in Class II service and was promoted as Executive Engineer in Class I on 13.7.1971. Sometime in the year 1986 a charge-sheet was served upon the petitioner relating to misconduct of the year 1982-83. During pending enquiry the petitioner came to be promoted as Superintending Engineer on 18.2.1987. The enquiry was completed by the Enquiry Officer and he submitted his report in August 1992 exonerating the petitioner. However, the formal order of dropping the charges against the petitioner came to be passed on 11.10.1993. On 21.7.1993 six Superintending Engineers came to be promoted to the rank of Chief Engineers. It is alleged by the petitioner that out of these six promoted Superintending Engineers, five persons were junior to him.

(3.) After having been exonerated from charges in August 1992, the petitioner on 28.7.1993 made a representation to the Chief Minister requesting him to consider his claim for promotion. On 13.10.1993 the petitioner again made another representation to the Minister concerned to consider his claim for promotion to the rank of Chief Engineer. Pending decision on these two representations, it is common premise that on 8.2.1994 a fresh charge-sheet was served upon the petitioner in respect of alleged misconduct of the year 1989. This misconduct relates to an award given by the petitioner in the year 1989. It is common premise that against the said award, F.A.O. is pending in this Hon'ble High Court.