KEDAR NATH JHA Vs. COAL INDIA LTD

JUDGEMENT

(1.) Petitioner, who is presently holding the post of Deputy Chief Mining Engineer in Mining Cadre at E.J. Area, B.C.C.L., Dhanbad, has raised his grievance in this writ application, stating that his promotion to the next higher Grade has been illegally and arbitrarily denied to him by the Respondents, while on the other hand Respondents have proceeded to offer promotions to persons junior to him in the Gradation list.

(2.) The case of the petitioner is that on the basis of his qualification and length of service in his present Grade, his name was short-listed alongwith other officers of the Mining Cadre for promotion to the next higher Grade. The petitioner alongwith others had appeared for the Interview before the Departmental Promotion Committee on 28.02.2007. Subsequently, an Office order was issued with regard to the promotion containing the list of names of several officers of the Mining and other cadres but the petitioner s name was omitted from the list. The petitioner, on enquiry, was informed that his promotion has been withheld in want of clearance Certificate of the Vigilance Department. This, according to the petitioner, is totally illegal and is against the Guidelines laid down in the Office Memorandum dated 14.05.2002 (Annexure-3) of the C.I.L., Kolkata and is also against the spirit of the judgment of the Supreme Court passed in the case of Union of India and Ors. v. K.V. Jankiraman and Ors., and the judgment in the case of Coal India Ltd. v. Saroj Kumar Mishra,20079 SCC 625.

(3.) Mr. Ajit Kumar, learned Counsel for the petitioner submits that even under the guidelines as laid down in the Office Memorandum dated 14.05.2002 of the C.I.L., Kolkata (Annexure-3) grant of vigilance clearance can be withheld on the following grounds: