ROOP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following reliefs:

(2.) In the reply filed by the respondents-State, it has been averred that the instant petition is not maintainable, as the petitioner has filed a representation against the entries made in his ACR for the year 2019-20 before the Financial Commissioner (Revenue), which is stated to be pending. It has been further averred that the petitioner has not come to the Court with clean hands and suppressed the material facts. It is averred that on 30/6/2020, post of Superintendent Grade-I fell vacant, consequent upon the superannuation of the then Superintendent Grade-I. Consequently, particulars of both the petitioner and respondent No.3 were forwarded to the office of respondent No.1, who was the appointing authority in respect of the post in question. Thereafter, DPC was held on 28/7/2020 under the Chairmanship of Principal Secretary (Revenue) and respondent No.3 was promoted as Superintendent Grade-I, as the performance of the petitioner in the ACRs for the year 2017-18 and 2019-20 was average. It has been further averred in the reply that the petitioner on many occasions shown misconduct in the discharge of his official duties and was found in the state of intoxication during office hours.

(3.) In reply filed by respondent No.3, it has been averred that in the instant case, the post of Senior Assistant is a feeder post of Superintendent Grade-I and criteria to follow for promotion is merit-cum-seniority. The criteria for making promotion to different categories of post is as under :