IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13786 of 2009 DATE OF DECISION: OCTOBER 07, 2009 Mahavir Punia .....PETITIONER Versus Punjab State Electricity Board, Patiala and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.R.K. Joshi, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. The petitioner, who is working as Under Secretary since 29.6.2007 in the office of Chief Engineer, Border Zone, Punjab State Electricity Board, Amritsar, has filed the instant petition for issuing direction to respondents No.1 and 2 to consider and promote the petitioner on the post of Deputy Secretary. A direction has also been sought to respondent No.3, who is the Enquiry Officer, to expedite and complete the enquiry pending against the petitioner. I have heard the counsel for the petitioner and perused the charge-sheet (Annexure P5) which reveals that the petitioner has been charge-sheeted for sexually assaulting three female employees. As per Service Rules, the appointment to the post of Deputy Secretary is to be made by selection amongst the Under Secretaries with minimum experience of two years as Under Secretary. During the pendency of this petition, respondent No.4 has been appointed/promoted as Deputy Secretary vide office order dated 16.9.2009. CWP No.13786 of 2009 -2- In view of the fact that departmental proceedings are pending against the petitioner in which serious allegations have been levelled, I am of the opinion that at this stage no direction can be issued to respondents No.1 and 2 to promote the petitioner as Deputy Secretary. If the petitioner is aggrieved against the appointment/promotion of respondent No.4 as Deputy Secretary, he is at liberty to challenge the same in accordance with law. As far as the prayer of the petitioner to expedite the enquiry is concerned, since the charge-sheet has been issued to the petitioner in February, 2009, at this stage I do not find any ground to issue the direction to the Enquiry Officer to complete the enquiry within a stipulated period. However, it is expected that the Enquiry Officer will expedite the enquiry. Dismissed. October 07, 2009 (SATISH KUMAR MITTAL) vkg JUDGE