CIVIL WRIT PETITION NO.18477 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.18477 of 2009 DATE OF DECISION: SEPTEMBER 7, 2010 V.S. Siwach .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. D.S. Rawat, Advocate, for the petitioner. Mr. Sunil Nehra, Sr. DAG, Haryana, for the State. **** RANJIT SINGH, J. The case of the petitioner for promotion to the post of Chief Engineer w.e.f 16.3.2007 has been rejected on the ground that there was an F.I.R. dated 28.10.2005 registered against the petitioner under various Sections of IPC. The petitioner has filed this writ petition to seek direction that this could not have been done in view of law laid down in C.W.P. No.20187 of 2002, titled as Abdul Razzak Vs. State of Haryana and another, decided on 9.12.2004 (Annexure P-7). During the pendency of this writ petition, the criminal case registered against the petitioner has acquired finality as cancellation report has been filed in the case. Even the charge-sheet CIVIL WRIT PETITION NO.18477 of 2009 -2- issued by the Department, as per the counsel for the petitioner, has been dropped. That being the factual position, the petitioner may make a representation for considering his case for promotion to the post of Chief Engineer w.e.f. the date his juniors were considered and so promoted since he was denied consideration only on the ground that criminal case was pending against him. If the petitioner files any such representation, the same may be considered and decided in accordance with law within a period of three months from the date of receipt of copy of this order. The writ petition is, accordingly, disposed of. September 7, 2010 ( RANJIT SINGH ) monika JUDGE