CWP No.20000 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 13.9.2010 Siri Ram ...Petitioner VERSUS UHBVN and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Virender Kumar, Advocate for the petitioner Mr.Mohnish Sharma, Advocate for respondents no.1 to 4 Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of the counsel, this petition is disposed of at motion stage. The petitioner was initially appointed in the year 1978. On regularization of his services, he was promoted to the post of ALM in the year 1992. He was entitled to annual increments w.e.f. 1.10.2002. However, he was to cross Efficiency Bar on 1.10.2003. The increment was stopped w.e.f. 1.10.2003 on the ground that he has earned adverse ACRs for the CWP No.20000 of 2009 2 period from 1.4.1996 to 9.12.1996. He was assessed “Below Average” and “Integrity Doubtful”. The petitioner represented to the Sub Divisional Officer against withholding of his increment w.e.f. 1.10.2003. The Sub Divisional Officer vide his letter dated 27.2.2008 (Annexure P-3) communicated to the Executive Engineer, Sub Urban Division No.II, UHBVN, Karnal that the adverse remarks were never communicated to the petitioner. On that basis, the impugned order dated 12.9.2008 (Annexure P- 5) has been passed releasing the annual increment w.e.f. 1.0.2007. The grievance of the petitioner is that since adverse entries were never communicated to him, the order of withholding the increments or retaining the petitioner in the same pay scale by not allowing him to cross the Efficiency Bar is totally illegal or unwarranted. It is not in dispute that the adverse entries were never communicated to the petitioner and thus he could not have been prevented from crossing the Efficiency Bar on 1.10.2003. The respondents have released the increments w.e.f. 1.10.2007. The action of the respondents in withholding the increments allegedly on the ground of non-crossing the Efficiency Bar on 1.10.2003 is itself not sustainable in law. In view of the above, this petition is allowed and the impugned order (Annexure P-5) is hereby quashed to the extent it has allowed crossing of the Efficiency Bar w.e.f. 1.10.2007 instead of 1.10.2003 and it is directed that the petitioner shall be entitled to cross the Efficiency Bar and grant of increments w.e.f. 1.10.2003 as if there was no impediment for grant of increments and to cross the Efficiency Bar w.e.f. 1.10.2003. The due CWP No.20000 of 2009 3 increments be released within a period of two months from the date certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 13.9. 2010 MFK