PREETMOHINDER SINGH SAHOTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court by filing the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, for quashing the order dtd. 19/3/2025 (Annexure P-8), vide which he has been ordered to be reverted from the post of Deputy Director, Department of Rural Development and Panchayat to the post of District Development and Panchayat Officer (DDPO).

(2.) The undisputed facts of the case are that the petitioner joined the services in the State of Punjab as Block Development and Panchayat Officer on 25/8/1995 (Annexure P-1) and was promoted to the post of District Development and Panchayat Officer (DDPO) on 5/10/2011 (Annexure P-2). He was issued chargesheet dtd. 28/8/2014 (Annexure P-3) under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as '1970 Rules') for imposition of major punishment, on the allegation for not getting deposited the bidding amount of Rs.2,15,000.00 in advance from the land owners of the auction of the shamlat land of the panchayati land of Gram Panchayat, Chandu for the year 2012-13 and in this manner the Gram Panchayat had suffered financial loss. During the pendency of the disciplinary proceedings pending against the petitioner, a meeting of the Departmental Promotion Committee was held on 25/10/2019 for promotion to the vacant posts of Deputy Director, Panchayat and the case of the petitioner for promotion was also considered and the recommendations were kept in a sealed cover owing to the pendency of the disciplinary proceedings under Rule 8 of 1970 Rules. Thereafter, on 7/2/2020, the petitioner was promoted as Deputy Director, Panchayat, on adhoc basis (Annexure P-5), after opening the sealed cover of the promotion of the petitioner, subject to the condition that if he is found guilty and any punishment is awarded to him in the disciplinary proceedings, then the promotion will be subject to its effect. Thereafter, vide order dtd. 1/2/2023, the petitioner was awarded the punishment of stoppage of 3 annual increments without cumulative effect on the approval given by the Punjab Public Service Commission. Owing to the award of punishment in the disciplinary proceedings, he was ordered to be reverted from the post of Deputy Director, Panchayat to the post of DDPO, vide order dtd. 19/3/2025 (Annexure P-8), which has been impugned in the present petition.

(3.) Reply by way of an affidavit of Rupali Tondon, Deputy Secretary to Government of Punjab, Department of Rural Development and Panchayats, Vikas Bhawan, SAS Nagar, has been filed on behalf of respondents No.1 and 2 wherein it has been stated that the petitioner was granted promotion to the post of Deputy Director strictly on adhoc, conditional, and provisional terms, with a categorical stipulation that such promotion would be subject to the outcome of the pending disciplinary proceedings and that in the event, the petitioner was found guilty and any punishment is awarded, the promotion would automatically be "subject to its effect" and these conditions were known to the petitioner and were consciously accepted by him. Since the disciplinary proceedings culminated into the passing of the punishment order dtd. 1/2/2023, based on Punjab Public Service Commission's concurrence, whereby the petitioner was held guilty and awarded the punishment of stoppage of 3 annual increments without cumulative effect, and since the said punishment was never challenged by the petitioner and has attained finality, therefore, the petitioner has rightly been reverted to the post of DDPO.