HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9835 of 2010 (O&M) Date of Decision: 26.07.2011 **** Baldev Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** 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: Mr. VK Shukla, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG Punjab ***** SURYA KANT, J. (ORAL) (1). The petitioner is a Kanungo who is aggrieved by the promotion of his junior, namely, respondent No.5 as Naib Tehsildar. The precise case of the petitioner is that his claim has not been considered for wholly insufficient reasons. (2). The official respondents have filed their reply/affidavit, the preliminary submission No.5 whereof reads as follows:- “That as per regulations 2(b) and 5(i) of the Punjab Naib Tehsildars (Residuary Service Matters) Regulations, 1984, the Deputy Commissioner, Moga was asked to send the CWP No.9835 of 2010.doc - 2 – recommendations in form T-I, for promotion to the post of Naib Tehsildar. Thereafter, the Deputy Commissioner, Moga, vide his letter No.1732/SK, dated 27.6.2008 sent the requisite forms duly filled in. In Form T-I, in respect of Baldev Singh petitioner, it was mentioned that a case FIR No.32 dated 2.6.97 under Sections 7,13 (1)a and 13(2)88 was pending in the Court of Special Judge Moga. The Deputy Commissioner, Moga vide his memo No.197/SK, dated 14.1.2008 had also informed this office that a case FIR No.15 dated 21.1.1994 u/s 201/218/466/468/120-B IPC was also pending against the petitioner. The Deputy Commissioner, Moga also informed this office that the petitioner did not take promotion to the post of District Revenue Accountant and as such he was debarred from promotion for two years, vide order dated 107/SK, of 2006 issued vide Endst.No.3185- 90/SK, dated 28.9.2006. Thus, due to bad record of service of the petitioner, he was rightly ignored for promotion to the post of Naib Tehsildar. It may be mentioned that Sukhdev Singh, Kanungo, respondent No.5 was promoted to the post of CWP No.9835 of 2010.doc - 3 – District Kanungo, Moga w.e.f. 8.3.1996 vide order dated 27.5.1999 of District Collector, Moga while the petitioner is still working as Kanungo in District Moga. Sukhdev Singh respondent No.5 has been promoted to the post of Naib Tehsildar against the roster point No.26 meant for Sadar Kanungos.” (3). It is stated by learned counsel for the petitioner that in both the criminal cases referred to by the official respondents, the petitioner has earned acquittal vide judgements dated 26.03.2008 & 09.10.2009 (Annexure P9 & P10). Similarly, the period of two years for which the petitioner was debarred from promotion as he had not accepted the post of District Revenue Accountant, also stands expired. It is contended that the since the adverse material referred to by the respondents in their written statement is now non-existent, the claim of the petitioner deserves to be re-considered. (4). Learned State counsel, on the other hand, contends that besides the two criminal cases and/or the order debarring the petitioner from promotion for a period of two years, his service record does not justify his promotion. (5). Having heard learned counsel for the parties, I am of the considered view that since the petitioner was declined promotion on account of pendency of two criminal cases CWP No.9835 of 2010.doc - 4 – in which he has now earned acquittal, his case requires re-consideration by the competent authority. However, it would not be construed that mere acquittal in the criminal cases will earn promotion for the petitioner. Suffice it to mention here that if the service record of the petitioner otherwise does not entitle him to seek promotion, the competent authority shall be at liberty to pass an appropriate speaking order in that regard. (6). The needful shall be done within a period of four months from the date of receipt of a certified copy of this order. (7). Ordered accordingly. Dasti. 26.07.2011 vishal shonkar (S u r y a K a n t) Judge