CWP No.21631 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.21631 of 2008 (O&M) Date of Decision: 15.03.2010 **** Rajinder Kumar . . . . Petitioner VS. State of Punjab and others . . . . . 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. G.P. Vashisht, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is aggrieved at the denial of promotion to him as Kanungo. He is presently serving as a Revenue Patwari. (2). Upon notice, the respondents have filed their counter-affidavit, inter alia, pointing out that the petitioner has not been found suitable for the reason that there are adverse remarks recorded in the ACR for the year 2006-2007 (Annexure R1) and he has also been punished with stoppage of one annual increment without cumulative effect vide order dated 19.04.2005, besides a warning to CWP No.21631 of 2008.doc - 2 – be careful in future given vide order dated 24.10.2007 (Annexure R2). (3). The petitioner’s grievance on the other hand is that against the adverse remarks in the ACR for the year 2006-2007, he has already made a representation which is still pending consideration before the respondents though a personal hearing has already been afforded to him on 24th March, 2009. (4). Having heard learned counsel for the parties, I deem it appropriate to dispose of this writ petition with a direction to respondent No.3 – the Collector, Hoshiarpur to dispose of the afore- stated pending representation of the petitioner as early as possible. Suffice it to say that in case the representation is accepted and the adverse remarks are expunged and the ACR is upgraded, the competent authority shall reconsider its impact on the promotional claim of the petitioner. The needful shall be done as early as possible and preferably within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE CWP No.21631 of 2008.doc - 3 – 15.03.2010 vishal shonkar