MAHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By medium of this writ petition, the petitioner has prayed for the following substantive relief:-

(2.) The precise grievance of the petitioner is that, as on the date of review DPC held on 11.9.2009, the petitioner had neither been served with the charge sheet in the departmental inquiry nor the criminal charges had been framed against him and despite that he was not granted the placement as Superintendent of Police, whereas, his juniors were ordered to be promoted.

(3.) The respondent in their reply have not denied this fact. The only defence taken by the respondent is that the petitioner was involved in a vigilance case registered vide FIR No. 13 of 2009 in Police Station, State Vigilance and Anti Corruption Bureau, Solan. The inquiry conducted by the inquiry officer had been received. Matter with regard to according prosecution sanction was under consideration and thereafter the challan would be filed. Beside this, another vigilance inquiry in FIR No. 7 of 2010, registered at the same Police Station for having disproportionate property than income, was also pending. Since there were two departmental inquiries pending against the petitioner, he was not recommended for promotion. It has further been stated that promotion or posting or placement to a higher post cannot be claimed as a matter of right especially when the incumbent is facing a number of vigilance/departmental proceedings.