GURBHAJAN SINGH MANN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Gurbhajan Singh Mann, who was working as Executive Engineer in the Building and Roads Branch of Public Work Department of the State of Punjab was considered for promotion to the rank of Superintending Engineer along with other Executive Engineers including respondent No. 2 Shri S.C. Kalra. The Departmental Promotion Committee met on June 6, 1996 for that purpose as required under rule 9 of the Punjab Service of Engineers, Class I PWD (B&R Branch) Rules, 1960. It recommended to keep the name of Shri S.C. Kalra, respondent, in a sealed cover due to pendency of vigilance enquiries. It may be observed that the petitioner is junior to Shri S.C. Kalra as Executive Engineer.

(2.) On September 25, 1996, the State Government after accepting the recommendations of the Departmental Promotional Committee regularly promoted the petitioner and some other Executive Engineers to the rank of Superintending Engineer. The promotion order issued by the Government reads as under :

(3.) These promotions are further subject to the condition that if the senior Executive Engineer placed in the sealed cover is exonerated of the charge/enquiries levelled against him, he will be senior and the junior- most Superintending Engineer will be reverted to the post of Executive Engineer.