SATYA PAL SIWACH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Satya Pal Siwach, Lecturer in English, through present writ filed by him under Article 226 of the Constitution of India challenges order dated 15th of November, 1995 (Annexure P-5) passed by Director of Secondary Education, Haryana, by which an earlier order of his promotion dated 31st of October, 1995 (Annexure P-1) has been kept in abeyance till the decision of the criminal case pending against him. He further prays that till such time he is kept under suspension, he be given subsistence allowance regularly and all other benefits to which he is found legally entitled to. The facts on which the relief as mentioned above stems need a brief mention.

(2.) Prior in point of time petitioner filed a writ bearing No.13036 of 1995 on 4th of September, 1995 seeking a direction to the respondents to consider his name for promotion to the post of Lecturer in English (School Cadre, Men Branch) with effect from the date from which his junior was promoted. Notice of motion was issued by this Court. However, the Advocate General Haryana who appeared on 6th of November, 1995 stated before the Court that the petitioner had been promoted as prayed for by him. The writ was, thus, rendered infructuous and accordingly disposed of on the same very date. The order promoting the petitioner was passed on 31st of October, 1995 and he was ordered to be adjusted at Govt. Senior Secondary School, Dhangar (Hissar). Pursuant to the order referred to above, the petitioner was relieved on 10th of November, 1995 from the Government High School Dhanauri and was ordered to resume the charge of his new assignment at Dhangar Petitioner presented himself before the Principal, Govt. Senior Secondary School, Dhangar on 10th November, 1995 and gave his joining report. However, instead of allowing the petitioner to join his duties and assume the charge of new assignment, the Principal declined him to join duties and addressed a letter dated 10th of November, 1995 to District Education Officer, Hissar seeking guidance. Meanwhile respondent No.2, the Director of Secondary Education ordered that promotion of the petitioner be kept in abeyance. It is this order as indicated above that has been challenged in the present writ.

(3.) The cause of the petitioner has been contested and in the written statement that has been filed on behalf o.f respondent Nos.1 to 5 it has been averred that an F.I.R. bearing No.90 dated 3.5.1995 under sections 323/506 of the Indian Penal Code is pending against the petitioner and he is facing trial in the Court of CJM, Jind. It is further the case of the respondents that the petitioner was erroneously promoted to the post of Lecturer on 31st of October, 1995 as he was placed under suspension vide order dated 7th of June, 1995 in view of the said criminal case registered against him. As per the government instructions the petitioner is not eligible for promotion till the finalisation of the criminal/departmental proceedings which are pending against him. It is in these circumstances it is averted that orders, passed on 31st of October, 1995 were kept in abeyance. In so far are other facts that have been pleaded by the petitioner in writ and have been noted above, there is no dispute between the parties.