BHUPINDER SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER , while holding the charge of Junior Engineer, allegedly committed certain irregularities and misconducted himself, in relation to which disciplinary proceedings were initiated against him by which time he was promoted as Assistant Engineer, HPPWD. Memorandum and Articles of charge dated 8.12.2008 (Annexure P -2) were served upon him. On 22.12.2008, he submitted his statement of defence. The disciplinary authority, for unexplainable reasons did not complete the disciplinary proceedings. Noticeably, during the pendency of such proceedings, on 19.6.2009, the competent authority made certain promotions to the next higher promotional post of Executive Engineer. Case of the petitioner was not considered and persons junior to him i.e. Shri Nand Lal Verma and Shri Krishan Ram Saini, who were placed at Sr. Nos. 115 and 116 respectively in the final seniority list of Assistant Engineer (Civil) Diploma Holders circulated on 8.10.2010, were promoted.

(2.) PETITIONER made a grievance of delay in finalization of disciplinary proceedings resulting into non consideration of his case for promotion. In the absence of any action, petitioner was left with no alternate but to approach this Court.

(3.) SUBSEQUENTLY , the Inquiry Officer completely exonerated the petitioner which report was also accepted by the disciplinary authority and vide order dated 25.10.2010 (Annexure P -5), petitioner was completely exonerated of the charges leveled vide memorandum dated 8.12.2008.