BALWANT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present writ petition involves the question "whether the mere registration of First Information Report and at the stage of preliminary investigation" is determinative for denial and withholding of promotion to a Government Employee who is otherwise qualified, eligible and found fit/suitable for promotion. The petitioner (Balwant Ram), by way of instant writ petition, is seeking directions to the respondents to promote him to the post of 'Naib Tehsildar' which has been withheld by respondents on the ground that there is FIR registered against him and has also challenged the validity of the Order dtd. 26/4/2018 (Annexure P-10) vide which promotion of the petitioner to the post of 'Naib Tehsildar' has been withheld/kept under sealed cover on account of registration of FIR against him; while his juniors have been promoted to the post of 'Naib Tehsildar'.

(2.) The brief facts of the case are that the petitioner was appointed as 'Patwari' in the Department of Revenue on 16/2/1982 governed under the Punjab Revenue Patwaris Class-III Service Rules, 1966. During the course of service, the petitioner was further promoted as 'Kanungo' on 13/5/1997. The petitioner cleared the requisite Departmental Examination for the post of Naib Tehsildar by 22/6/2017 and was eligible and is suitable for promotion to the post of 'Naib Tehsildar' in consonance with 'The Punjab Naib Tehsildars (Class-III) Service Rules, 1984' because the Annual Confidential Reports (ACRs) of the petitioner (Annexure P-7), are 'Outstanding' for the preceding five years i.e. relevant period for consideration at the time of promotion.

(3.) The petitioner was in the zone of consideration for promotion as 'Naib Tehsildar', based on his seniority. The Office of Deputy Commissioner, Fazilka (Respondent No. 4) vide letter No. SK/Nsk- 1/2018/1001 dtd. 11/4/2018 forwarded the names of such eligible incumbents to the office of Commissioner, including the name of petitioner alongwith the integrity certificate and the certificate regarding non involvement in disciplinary/criminal proceedings. In the Certificate regarding Vigilance / Police / Court case it was mentioned that FIR No. 69 dtd. 22/8/2016 under Sec. 420/465/467/468/471/120-B IPC is registered against the petitioner. It was further mentioned in the said certificate that the Senior Superintendent of Police, Ferozepur vide its letter No. 23447 dtd. 8/9/2017 has informed that petitioner has been declared innocent during the enquiry conducted in the matter. It was also mentioned that there is a complaint filed against the petitioner which is under preliminary inquiry by the Department. In this regard, it is uncontroverted on record that the cancellation report stands prepared by the investigation agency in the aforesaid FIR and on date of consideration of name of petitioner for promotion to the post of Naib Tehsildar, neither any charge-sheet was issued to petitioner nor report under Sec. 173 Cr.P.C. /Challan was filed in the Court against the petitioner.