GULZAR SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mr. Gulzar Singh Gill an Assistant Engineer through present petition filed by him under Article 226 of the Constitution of India seeks a writ in the nature of Certiorari so as to quash the order dated 4th of May, 1994 (Annexure P-7) by which the penalty of stoppage of one increment with future effect has been imposed upon as also the order dated 27th of January, 1995 (Annexure P-11) whereby the appeal against the said order was rejected. He has further prayed for issuance of a writ in the nature of Mandamus directing the respondents to consider and promote him to the post of Executive Engineer with effect from the date persons junior to him were promoted.

(2.) In the wake of controversy that is presently in issue, there is no need to give the detailed facts. Suffice, however, to mention that the petitioner was appointed as Junior Engineer in the Punjab State Electricity Board on 16th of September, 1969. On 18th of April, 1989 as per the case set up in the writ petition an anonymous complaint was made against him to the Executive Engineer (Enforcement) Ludhiana. Subsequently, on the same lines another complaint was made on 14th of April, 1989, wherein it was alleged that no action had been taken on the earlier complaint dated 13th March, 1989. The allegations in the complaint were as under:-

(3.) In so far as the second relief asked for is concerned, it is not disputed that persons junior to the petitioner were promoted to the rank of Assistant Executive Engineer from 1990 onwards. Nothing at all has been stated in the written statement as to why the petitioner was ignored and it appears that the only reason why he was not considered and promoted to the next rank was, that immediately preceding his consideration, enquiry came to be conducted against him and ultimately after conclusion of the inquiry even though petitioner was found innocent by the enquiry officer, his increment was stopped by the Punishing Authority.