HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5354 of 2006 (O&M) Date of Decision: 25.02.2011 **** Hardial Singh . . . . Petitioner VS. Punjab State Civil Supplies Corporation Ltd.& Ors. . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: None for the petitioner Ms. Deepali Puri, Advocate for the respondent ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the respondent-Corporation to re-promote him to the post of Public Distribution Clerk (PDC) with all consequential benefits. (2). The petitioner joined the Corporation as a Shop Assistant Gr-II on 21.03.1977 and he was promoted as Shop Assistant Gr-I on 14.08.1978. The petitioner while working as such was served with a charge-sheet dated 12.02.1996 which culminated into the order dated 24.02.1998 reverting the petitioner from the post of Public Distribution Clerk (PDC) to Public Distribution Helper (PDH) besides recovery of Rs.1,55,000/-. His CWP No.5354 of 2006.doc - 2 – suspension was ordered to be treated as leave of the kind due. The recovery having been effected from the petitioner that he now seeks his re-promotion. (3). The petitioner was meanwhile tried for an offence under Section 409 IPC also on the basis of FIR No.13 dated 15.02.1997 in which he was convicted by the trial Court but earned acquittal from the Appellate Court. A civil suit for recovery was also filed against him which was dismissed, on some technical ground. The petitioner accordingly urges that there is nothing adverse against him to withhold his afresh promotion to the post of PDC. (4). The respondents have filed their reply/affidavit broadly admitting the above-stated facts but have explained in paras 8 & 9 that there is one more charge-sheet dated 28.02.2002 pending against the petitioner besides adverse remarks of doubtful integrity in the ACR for the year 1994-95. (5). Having heard learned counsel for the petitioner, I am of the considered view that the disciplinary proceedings arising out of the charge-sheet on 28th February, 2002 cannot be kept pending indefinitely. The writ petition is accordingly disposed of with a direction to the respondent to expedite and conclude the disciplinary 2 CWP No.5354 of 2006.doc - 3 – proceedings pursuant to the charge-sheet dated 28.02.2002 within a period of four months from the date of receipt of a certified copy of this order and depending upon the outcome thereof, reconsider the petitioner’s claim for promotion to the post of PDC as per Rules (6). Ordered accordingly. Dasti. 25.02.2011 vishal shonkar (S u r y a K a n t) Judge 3