AMARJOT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, a prayer has been made by the petitioner for issue of a direction to respondent No. 1 to consider her case for promotion to the post of Development Officer in spite of the pendency of vigilance case/criminal prosecution. If the facts had not undergone material change during the pendency of the writ petition, it would have been necessary to pass a detailed order stating all the facts and contentions of the learned counsel for the parties, but in view of the facts that an important and material change has taken place during the pendency of the writ petition on account of quashing of the proceedings pending against the petitioner, the petition is being disposed of by a short order.

(2.) The petitioner joined service as Lady Social Education Organiser in the year 1958 and was promoted as Lady Instructor in the year 1971. She was sent on deputation as Instructor, Youth Coordinator with the Nehru Yuvak Kendra, Amritsar, which was being controlled by the Government of India. She returned back from deputation in the year 1980. An F.I.R. was registered against the petitioner on 21st of October, 1981 and after prolonged investigation and trial in respect of offences under Sections 409/447-A and 467 of the Indian Penal Code read with Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, the petitioner was acquitted by the Court of Special Judge, C.B.I. Patiala. However, in his judgment dated 22nd August, 1991, the learned Special Judge gave a liberty to the competent authority to once again sanction prosecution of the petitioner. A fresh sanction was issued for prosecuting the petitioner. That has been quashed by the High Court in Criminal Misc. Petition No. 14603-M of 1993 Amarjot Kaur v. State of Punjab, 1994 3 RCR(Cri) 487 decided on 30th August, 1994.

(3.) During the pendency of the criminal proceedings the petitioner was allowed to cross Efficiency Bar on two occasions without prejudice to the case pending against her. However, she was denied promotion to the higher post and her juniors were promoted one after the other. After quashing of the proceedings by the High Court, vide order dated 30th of August, 1994, the Government issued order dated 24th November, 1994 (Annexure P-15) whereby the petitioner has been promoted Development Officer (Women Programme) with effect from 16th July, 1993.