IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 6898 of 2008. Decided on: 30.12.2010. Madan Singh Pundir. …Petitioner. -Versus- State of Himachal Pradesh. …Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Ajay Mohan Goel, Advocate. For the respondent. : Mr. Vinod Thakur, Deputy Advocate General, with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner is seeking promotion on adhoc basis to the post of District Revenue Officer with effect from the date his juniors were promoted, i.e., 03.05.1997. Case of the petitioner, in a nut-shell, is that he was fully eligible and qualified to be considered for promotion to the post of District Revenue Officer. 2. Case of the respondent-State, in a nut-shell, is that since the disciplinary proceedings were initiated against the petitioner on 04.10.1995, his case could not be considered and the persons junior to him were promoted on adhoc basis w.e.f. 03.05.1997. Petitioner has been exonerated in the disciplinary proceedings vide communication dated 03.02.1999. In fact, the case of the petitioner was also required to be considered for promotion on adhoc basis and the same was required to be kept in a sealed cover. However, this procedure has not been followed by 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - the respondent-State. Petitioner has been exonerated as per notification dated 03.02.1999. He has been promoted w.e.f. 26.02.1999. Once the petitioner has been exonerated from the disciplinary proceedings, his case was required to be considered for promotion to the post of District Revenue Officer from the date his juniors were promoted, i.e., 03.05.1997. Petitioner has superannuated on 28.02.1999. 3. Accordingly, the petition is disposed of with a direction to the respondents to consider the case of petitioner for promotion to the post of District Revenue Officer with all consequential benefits with effect from the date his juniors were promoted on adhoc basis, i.e., 03.05.1997, if no other case is pending against him. No costs. (Rajiv Sharma) Judge December 31, 2010. (bhupender) - 3 -