IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 849 of 2010 & CWP(T) No. 14707 of 2008. Decided on: March 26, 2010 CWP No. 849 of 2010 & CWP (T) No. 14707 of 208 Kanshi Ram ….. Petitioner. Versus Himachal Road Transport Corporation and another …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioners : Mr. S.K. Sood, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he has been denied promotion from the post of Fitter to the post of Mechanic. For the period of eight years more than 200 juniors have been promoted. According to the petitioner, so far no adverse entry has been communicated to the petitioner. There is no departmental inquiry conducted against him. The petitioner has never been charge sheeted for any misconduct. Still further, it is submitted that the petitioner has crossed the efficiency bar and he has been given the proficiency increment. In the above circumstances, it is submitted that the petitioner cannot be superseded. 2 Learned Standing counsel for the Corporation, however, submits that the merit of the petitioner was assessed by the DPC and in the DPC held in 2002, 2004, 2006 and 2008 the petitioner has been declared as unfit. If any employee is superseded in DPC proceeding, that employee has a right to make representation in which case the grievance would have to be considered by the competent Authority. In the above circumstances, we dispose of both the Writ Petitions with the following directions. It will be open to the petitioner to make representation before the first respondent pointing out his grievances, some of which we have referred to above in which case the matter will be duly examined by the first respondent. The petitioner shall also be afforded opportunity of hearing. Thereafter, appropriate order in accordance with law, adverting to the submission made by the petitioner shall be passed by the first respondent. The needful, as above, shall be done within three months from the date of production of a copy of this judgment alongwith the representation. (Justice Kurian Joseph), Chief Justice March 26, 2010 (Justice R.B. Misra), (rks) Judge.