MANOJ KUMAR SINGH Vs. COAL INDIA LTD.

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE petitioner is aggrieved by the office order dated 18.1.2001 issued by the respondents whereby the petitioner has been given promotion from E4 to E5 with effect from 30.8.2000 instead of 30.9.99 when other similarly situated employees of the respondent have been given promotion.

(3.) MR . M.M. Banerjee, learned Advocate General appearing on behalf of the respondents has not disputed the proposition of law that a departmental proceeding commences when charge -sheet is served on the employee. However, Mr. Banerjee submitted that in terms of Rules of Coal India an Officer cannot be considered for promotion even if there is contemplation of a departmental proceeding against him. In this connection, he has drawn my attention to Annexure B to the counter affidavit. Clause (b) of the said Annexure B, which is an office memorandum, reads as under : - -