KASHMIR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court for quashing of Annexure P-7 dated 11.12.2004 whereby the petitioner was not promoted but his juniors were promoted to the post of Junior Accountant.

(2.) It is pointed out by the petitioner that he was charge-sheeted on 04.12.2002 while working as Executive Officer in Branch Office, Chandhut. The petitioner submitted his reply but thereafter he did not receive any correspondence with respect to the said charge-sheet. Still further, on 27.01.2004, the petitioner was again charge-sheeted, a copy of which has been attached as Annexure P-4. The petitioner submitted his reply but in respect of the said charge-sheet, again he did not receive any communication. But on 10.12.2004, few Clerks, who were junior to the petitioner, were promoted as Junior Accountants and, thus, aggrieved against the action of promotion of his juniors, the petitioner invoked the jurisdiction of this Court.

(3.) In reply, it has been pointed out that in respect of the chargesheet served on 4.12.2002, punishment of stoppage of two annual increments with cumulative effect has been imposed on the petitioner. A copy of the order dated 20-09-2005 imposing such punishment has been produced in the Court today. In respect of second charge-sheet, the petitioner was warned to be careful in future. It is, thus, contended that on the date the matter of promotion was considered, disciplinary proceedings against the petitioner were pending and, therefore, the petitioner could not have been promoted on the said date. Mr. Duhan has further pointed out that after the completion of the punishment period, the case of the petitioner has been reconsidered and the petitioner has been promoted vide order dated 27.03.2008.