LPA No.1015 OF 2010 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1015 OF 2010 (O & M) Date of decision:30.08.2010 Punjab State Power Corporation Ltd. ..Appellant Versus Avtar Singh Mahi and another. .. Respondents CORAM: HON'BLE MR. JUSTICE M.M.KUMAR. HON'BLE MS. JUSTICE RITU BAHRI. 1). To be referred to the Reporters or not ? 2). Whether the judgment should be reported in the Digest ? Present:- Mr.Paramjit Singh Thiara, Advocate, for the appellant. Mr.R.S.Bajaj, Advocate, for the respondent-caveator. M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against the order dated 22.03.2010 rendered by learned Single Judge in CWP No.11123 of 2007. The learned Single Judge has given a categorical finding that sealed cover procedure in the case of the respondent was followed when it met to consider his case on 06.04.2005. The reason for adopting the sealed cover procedure in the case of the respondent was that the disciplinary proceedings were pending against him. Later on, disciplinary proceedings were dropped but he was promoted as Assistant Engineer (Civil) with effect from passing of the order on 07.12.2006 (Annexure P-5). His claim for grant of promotion with effect from recommendation made by the Departmental Promotion Committee (for short “the DPC) on 06.04.2005 has found favour with the learned Single Judge. There is no persuasive reason given in support of the appeal to take a different view than the one taken by the learned Single Judge. Even LPA No.1015 OF 2010 (O & M) ::2:: otherwise, once the DPC has approved the promotion of the respondent with effect from the date of the recommendation subject to the disciplinary proceedings, there was no reason why the recommendation of the DPC could not be given full effect. It is admitted case that the recommendation of the DPC stands till date and had not been withdrawn. Thus, there is no merit in the appeal. Accordingly, the appeal fails and the same is dismissed. (M.M.KUMAR) JUDGE (RITU BAHRI) JUDGE August 30, 2010 sukhpreet