STATE OF PUNJAB Vs. M S KAUSHAL

JUDGEMENT

(1.) Present letters patent appeal has been filed by the State of Punjab impugning the judgment dated 24.1.2003 passed by the learned Single Judge vide which the writ petition filed by respondent-petitioner, a Sub Divisional Engineer, was allowed and he was directed to have been deemed to be promoted as to S.S.E Class I (Public Health) Service with effect from 1.1.1977, when his juniors were promoted with all consequential benefits.

(2.) Broadly, the facts are that the petitioner was initially recruited as Sectional Officer in the P.W.D (Public Health) Department of Punjab on 12.8.1955 and he was promoted as Sub Divisional Engineer (S.D.E.) on ad hoc basis in 1968 and thereafter on regular basis in 1971. The petitioner while being posted at Muktsar in the year 1971 was detailed along with other officers to construct an underground storage tank and during its construction, it was found that the cost was likely to exceed the original estimates because of the shifting of the original site of the tank to a new site, which needed to be developed. The authorities, however, took a view that the cost was being enhanced for extraneous consideration and accordingly sent the case to Vigilance Department for investigation. During the pendency of the vigilance Department to investigation inquiry, the appellant-State of Punjab promoted 77 Sub Divisional Engineers as Executive Engineers with effect from 1.1.1977 while ignoring the petitioner because of the pending vigilance investigation inquiry although he was found fit for promotion by the Appellant-Punjab Public Service Commission (for short the PPSC) on account of his otherwise unblemished record. The Vigilance Department, Punjab after five years of investigation served a charge-sheet dated 6.12.1979 upon the petitioner for having allegedly supplied incorrect data for construction of a storage tank, which led to preparation of wrong estimates. Upon consideration of the reply dated 2.3.1979 to the said charge-sheet, an inquiry officer was appointed vide order dated 10.3.1980. The petitioner was confirmed as Sub Divisional Engineer vide order dated 26.2.1981. with effect from 8.6.1976. In the vigilance inquiry report dated 14.6.1982 (Annexure P.1), the petitioner was exonerated of the charged against him. However, the Deputy Secretary, Vigilance did not agree with the conclusion arrived at in the vigilance inquiry and proceeded to issue a show cause for imposing a minor penalty under the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and after receipt of the reply, order dated 26.11.1982 (Annexure P.4) of punishment of censure was passed against the respondent-petitioner. Thereafter, vide orders dated 31.5.1983 (Annexure P-5) and 9.9.1983 (Annexure P.6) he was allowed to cross the first efficiency in the pay scale of Rs. 400-1100/- and the second efficiency in the pay scale of Rs. 940-1850/- with effect from 1.2.1977 and 1.2.1980 respectively and further he was also promoted as Executive Engineer on Adhoc basis vide order dated 27.5.1983 (Annexure P.7). Respondent-Petitioner represented for his promotion with effect from 1977 and 1980 when his juniors had been promoted on regular basis. Goverment of Punjab sent his case to the PPSC, which did not accede to the claim of the petitioner as conveyed to the appellant-State vide order dated 7.5.1984. Thereafter, appellant-State of Punjab vide its letter dated 28.6.1984 (Annexure P.9) requested the PPSC for re-consideration of the case of the respondent-petitioner on the ground that the minor punishment of censure could not be a bar for promotion as also other juniors with similar punishment of censure had been recommended for promotion. The case of the respondent-petitioner was rejected by the PPSC vide its letter dated 17.12.1984 (Annexure P.10.) In pursuance of the letter Annexure P.10. Government of Punjab passed an order dated 31.5.1985 (Annexure P.12) reverting the petitioner to the post of Sub Divisional Engineer. Hence the respondent- petitioner filed CWP No. 3719 of 1985.

(3.) Learned Single Judge vide impugned judgment dated 24.1.2003 has allowed the writ petition and directed that the petitioner be deemed to be promoted as Executive Engineer with effect from 1.1.1977, the date his juniors were promoted, with all consequential benefits primarily on the ground that the respondent-petitioner had been discriminated inasmuch as other Sub Divisional Engineers despite similar minor punishments had been promoted while the respondent-petitioner had been ignored.