CWP No.1966 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.1966 OF 2006 DATE OF DECISION: 14-02-2008 Satya Pal Mehta .....PETITIONER VERSUS Bharat Sanchar Nigam Ltd. and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.Sanjiv Bansal, Advocate for the petitioner. Mr.V.K.Sharma, Advocate for respondents No.1 and 2. HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court claiming promotion from the date junior to him were promoted as Divisional Engineer i.e. w.e.f. 08-05-2002. The petitioner was working as Sub Divisional Officer since 26-12-1993. The next promotion from the post of Sub Divisional Officer is that of Divisional Engineer in Senior Time Scale Grade. The promotion is based on principle of seniority-cum-suitability. Vide letter dated 03-04-2002, the process of promotion to CWP No.1966 of 2006 2 fill up the vacant posts of Divisional Engineer was initiated. The Screening Committee met on 07-05-2002. 56 Officers were promoted on the aforesaid date including 5 of them as junior to the petitioner. The petitioner was not promoted for the reason that on 07-05-2002, he was charge-sheeted. In pursuance of said charge-sheet, order of punishment had subsequently passed on 28-11-2002. The said order of punishment has been affirmed in appeal as well vide order dated 08-03-2004 (Annexure P15). Learned counsel for the petitioner has vehemently argued that the order of punishment will relate back to the period of charge i.e. to the year 1995, therefore, the petitioner is entitled to be promoted from the date, junior to him were promoted w.e.f. 08-05-2002. It has been pointed out by the learned counsel for the respondents that the petitioner has earlier invoked the jurisdiction of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') by an application under Section 19 of the Administrative Tribunal Act, 1985 for the same relief. Learned Tribunal vide its order dated 26-02-2003 Annexure P9 found that the petitioner could not be promoted for the reason that the Departmental Promotional Committee has found him unfit for promotion. The original application filed by the petitioner for the same relief before the Tribunal has been dismissed as being claimed in the writ petition, therefore, the present petition is not maintainable. The cause of action in respect of which the petitioner invoked the writ jurisdiction of this Court i.e. the promotion from the date his junior were promoted, arose when the Tribunal has the jurisdiction. The Tribunal has declined the prayer of the petitioner. Therefore, upon incorporation of Bharat Sanchar Nigam Limited, CWP No.1966 of 2006 3 the petitioner cannot be permitted to re-open the issue which has attained finality. The order passed by the Tribunal has not been disputed by the petitioner in any proceedings and has thus attained finality. Therefore, the petitioner cannot be permitted to re-open the issue by filing the present writ petition. Consequently, we do not find any merit in the present writ petition and the same is dismissed. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) February 14, 2008 JUDGE jt