C.W.P. No.12103 of 2011 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12103 of 2011 DATE OF DECISION: 14.07.2011 Atul Sharma ..........Petitioner Versus State of Punjab and others ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Harsimran Singh Sethi, Advocate for the petitioner. **** DAYA CHAUDHARY, J. The grouse of the petitioner in the present petition is that the petitioner being the senior most in the seniority list is not being considered for the promotion to the post of Trust Engineer, whereas, junior to him, namely, Satbhushan Sachdeva is being considered. Learned counsel for the petitioner submits that no charge sheet is pending against the petitioner and only on the basis of some explanation, the petitioner is not being considered for the promotion to the post of Trust Engineer. Learned counsel has also relied upon the judgment of Hon'ble the Apex Court in Union of India etc. Vs. K.V. Jankiraman etc. 1991 (5) SLR 602, wherein, it has been held that the departmental proceedings come into being only after the issuance of charge sheet but in the present case no charge sheet has been issued and the petitioner being senior most cannot be ignored. Learned counsel further submits that the petitioner has served a legal notice (Annexure P-3) upon the respondents but the same is not being considered and no reply of C.W.P. No.12103 of 2011 (2) the same has been given by the respondents. Learned counsel for the petitioner submits that at this stage the petitioner would be satisfied in case directions are issued to the respondents to decide his legal notice (Annexure P-3) by passing a speaking order before promotion to the post of Trust Engineer against which his junior Satbhushan Sachdeva is being considered. Keeping in view the limited prayer of the petitioner, the present petition is disposed of with a direction to the respondents to consider and decide legal notice (Annexure P-3) and take necessary action in accordance with law within a period of two weeks from the date of receipt of copy of the order. It is also made clear that till the decision of the legal notice (Annexure P-3) as directed above, no promotion order of junior to the petitioner be passed. Copy of the order be given dasti on payment of usual charges. July 14, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No