IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.WP No. 1838 of 2009. [O&M] Date of Decision: 27th July, 2011. Parmeshwar Singh Braria Petitioner through Mr. Amit Jain, Advocate Versus State of Punjab & Ors. Respondents through Ms. Charu Tuli, Sr. DAG, Punjab. 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? SURYA KANT, J. [ORAL] The matter pertains to the petitioner's claim for promotion to the post of Deputy Controller [Finance and Accounts] from the post of Assistant Controller [Finance and Accounts] in the Finance Department. It may be mentioned here that a meeting of the Departmental Promotion Committee was held on 18.07.2007 to consider the case of the Assistant Controllers [Finance and Accounts] for their promotion to the posts of Deputy Controller [Finance and Accounts]. The juniors to the petitioner were promoted and he was ignored on account of the fact that his ACR for the year 2004-05 was not on record and no marks could be awarded to him for the said year and as a result thereto, the petitioner could not achieve the minimum bench-mark. Regarding non-availability of the ACR for the year 2004- 05, the respondents have come up with the plea that the petitioner's ACR for the said year was written by the Reporting Officer and it was sent to Shri Iqbal Singh Sidhu, IAS, the then Director, State Transport, Punjab where the petitioner was posted, for affirmation/counter signatures and that report was never received back. Since the cause of non-availability of the ACR was not attributable to the petitioner, this Court passed the following order on 25.02.2010:- “It is apparent that the petitioner has been denied promotion in the D.P.C. Held on 25.09.2008 for want of ACR for the year 2004-05. It further appears from the affidavit that the original ACR of the petitioner for the year 2004-05 was not received back from Mr. Iqbal Singh Sidhu, IAS, the then Director, State Transport, Punjab, who had been transferred as State Transport Commissioner, Punjab. Let the respondents trace out the original record and/or verify it from Mr. Iqbal Sidhu, IAS and inform this Court on the adjourned date”. Thereafter, an inquiry was held by the respondents to trace out the ACR of the petitioner and as per the affidavit dated 10.01.2011, it was revealed that:- “After security of whole record it revealed that ACR of Shri Parmeshwar Singh Braria, Assistant Controller [Finance and Accounts], Punjab Roadways, Jalandhar-I for the year 2004-05 had been sent to Shri Iqbal Singh Sidhu, the then DST, for approval after writing and counter-signing by Shri Gurpartap Singh, the then Additional Director [Finance and Accounts] with the ACR of other officials of the department, but the same was not received back. Even the DO letter No. PS/SP/1987 dated 7.4.10 sent by Shri Iqbal Singh Sidhu the then DST, did not mention any letter vide which the ACR of Shri Parmeshwar Singh Braria, Assistant Controller [Finance and Accounts] had been sent back either to this Department or Finance Department after approval. This clearly shows that Annual Confidential Report for the year 2004-05 of Shri Parmeshwar Singh Braria, who was working as Assistant Controller [Finance & Accounts] was sent to Shri Iqbal Singh Sidhu the then DST for approval/ counter-signatures was not received back”. The respondents have also placed on record the DO letter dated 07.04.2010 of Shri Iqbal Singh Sidhu, IAS sent by him to the Director, State Transport, Punjab, which reads as follows:- “With reference of your D.O. Letter No. 3642/As dated 17.3.2010, it is intimated that after transfer of undersigned as Director State Transport, Punjab, the confidential report of all officials/officers as received from department might have been sent back after doing needful. So far I can remember that as per feedback received from the officers of the Transport Department during the department meetings, Shri P.S.Bararia, AC[F&A] was an officer of average caliber . Therefore, Hon'ble High Court, Punjab & Haryana Chandigarh may please be approached for giving appropriate reply”. [Emphasis applied]. The conclusion drawn in the internal inquiry coupled with the above reproduced DO letter of Shri Iqbal Singh Sidhu, reveals that the Annual Confidential Report of the petitioner for the year 2004-05 was duly recorded and sent to Shri Sidhu for approval/ counter signature and based upon his over-all performance the petitioner was assessed to be an officer of 'average caliber'. It can, thus, be safely inferred that the petitioner's assessment for the year 2004-05 was 'average'. The petitioner has been meanwhile promoted as the Deputy Controller [Finance and Accounts]. The only issue to be determined is as to whether he is entitled to be promoted from the date his juniors were promoted. The writ petition is accordingly disposed of with a direction to the respondents to treat the ACR of the petitioner for the year 2004-05 as 'average' and then consider him for promotion from the due date. If the petitioner is found entitled to, consequential order to this effect be passed and arrears of pay etc. shall be paid to him. Let the needful be done within a period of four months from the date a certified copy of this order is received. Disposed of. Dasti. July 27, 2011. ( SURYA KANT ) dinesh JUDGE