Civil Writ Petition No.20132 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20132 of 2009(O&M) Date of Decision : 26th May, 2011. Paramjit Singh ....Petitioner Versus Principal Chief Conservator of Forest & Another ....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.R.K.Dadwal Advocate for the petitioner. Mr.B.S.Chahal, Deputy Advocate General, Punjab. * * * Permod Kohli, J.(Oral) Civil Misc. No.4129 of 2010 With the consent of counsel for the parties, the main writ petition is taken up for final hearing. Civil Writ Petition No.20132 of 2009 The petitioner was working as Forest Guard in Forest Division, Roopnagar. FIR No.133 dated 02.11.2000 under Sections 420, 218, 406, 409, 120-B IPC was registered against the petitioner and he was released on anticipatory bail. The petitioner was considered for promotion and promoted as Forester vide order dated 28.03.2007. It seems that the complaint was lodged against the petitioner regarding pendency of the aforesaid FIR against him. On that basis, respondent No.2 vide order dated 07.12.2009 cancelled the order of promotion of the petitioner and reverted him to the post of Forest Guard. This order (Annexure P-5) is subject matter of challenge in the present writ petition. During the pendency of the writ petition, the petitioner has been acquitted from the criminal charge vide judgment dated 20.01.2011 passed by Chief Judicial Magistrate, Hoshiarpur. Even the departmental inquiry initiated against the Civil Writ Petition No.20132 of 2009(O&M) 2 petitioner, he was exonerated as is evident from the inquiry report dated 30.09.2004. The petitioner was reverted only on account of pendency of criminal proceedings against him and having been acquitted from the criminal proceedings, his reversion can not continue. It is also relevant to mention that even during the pendency of the criminal proceedings, the petitioner was required to be considered for promotion by the departmental promotion committee. However, such consideration was to be kept in a sealed cover. The respondents did not adopt the sealed cover procedure and gave effect to the recommendations of DPC by promoting the petitioner vide order dated 28.03.2007. Thus, it is clearly established that the petitioner was found eligible and suitable for promotion but for the criminal proceedings pending against him, he was reverted. Criminal and disciplinary proceedings have been terminated in acquittal/exoneration of the petitioner. He is entitled to be promoted w.e.f date of his initial consideration by DPC. For the above reasons, this petition is allowed and the impugned order dated 07.12.2009 (Annexure P-5) is hereby set aside and the respondents are directed to promote the petitioner to the post of Forester w.e.f of the date he was earlier promoted. The petitioner shall be entitled to all consequential benefits of such promotion from the date of the initial promotion w.e.f. 28.03.2007 (PERMOD KOHLI) 26.05.2011. JUDGE Seema-II