PAWAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner, by way of this writ petition, seeks direction to the respondents to promote him to the post of Principal w.e.f. 18.08.2006 instead of 01.01.2010, the date when his juniors were promoted.

(2.) The petitioner was suspended vide order dated 15.07.2005 and thereafter, a charge-sheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 was issued to him for holding him responsible for the poor result of 10th Class during the session 2004-05. In response to the said chargesheet, he had submitted a detailed reply on 12.02.2007 refuting all the charges levelled against him. He was reinstated in service vide order dated 16.04.2007 (Annexure P/3). Vide order dated 29.12.2008, punishment of stoppage of one annual increment without commutative effect was imposed upon the petitioner. Thereafter, the petitioner was promoted as Principal in HES-II Cadre with effect from 01.01.2010 in the pay scale of Rs.15600-39100 plus Grade pay Rs.6000/-.

(3.) The respondents in the written statement are not disputed the fact that the petitioner was promoted as Head-master on 15.04.2000 while posted at Hisar and after issuing of the chargesheet under Rule 7 of the Haryana Civil Service, Punishment and Appeal Rules, 1987, he was imposed a punishment of stoppage of one annual increment without commutative effect as per memo dated 29.01.2007. The claim of the petitioner for promotion as Principal was not considered because the petitioner was charge-sheeted and a minor punishment of stoppage of one annual increment without cumulative effect was imposed upon him on 29.12.2008. The petitioner was promoted on 01.01.2010 immediately after the expiry of punishment period 29.12.2008.