CIVIL WRIT PETITION NO.7984 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 24,2009 O.P.S.Dhaka .....Petitioner VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. G. C. Shahpuri, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner, who is a Sub Divisional Officer, has filed this writ petition for his promotion as Executive Engineer w.e.f 21.9.2006, when his name was considered for promotion. The petitioner has vaguely made some reference to the proceedings initiated against him for awarding him major penalty. A charge sheet in this regard was issued to him on 27.5.2005. The petitioner has averred that no action thereafter has been taken against him. Charge sheet issued against Executive Engineer on the same date has been CIVIL WRIT PETITION NO.7984 OF 2008 :{ 2 }: dropped on 10.1.2008 but the charge were statedly pending against the petitioner when he filed this writ petition. The petitioner has also made some reference to the meetings of the Departmental Promotion Committee, where his name was ignored on the ground of pendency of proceedings or punishment etc. The facts, as disclosed in the writ petition, are controverted in the reply filed, besides stating that the petitioner has attempted to conceal the true facts. Allegations against the petitioner are that he had made payment to agency at his own level while he was posted in Construction Sub Division No.1, Panipat, without execution of work. He was solely held responsible for this and so a charge sheet was issued to him 27.6.2005. Enquiry Officer was appointed on 1.5.2008 and the enquiry report was still awaited when the reply was filed. Reference is also made to the remarks made in his annual confidential report for the period from 1.4.2003 to 31.4.2004 doubting his integrity. The petitioner has also been awarded stoppage of two increments one each separately without cumulative effect on 26.10.2006 and 26.5.2005. The petitioner is making reference to this punishment to say that the currency would be over in 2007 but he has not made any reference to the proceedings which are in progress against him for major penalty in response to a charge sheet issued to him on 27.6.2005. Be that as it may, it was pointed out before this Court that apart from this enquiry in progress against the petitioner under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules,1987, the petitioner was undergoing currency of punishment which was to over on 30.4.2009. Counsel for the petitioner took time CIVIL WRIT PETITION NO.7984 OF 2008 :{ 3 }: to place the material on record in this regard that the currency of punishment was over prior to 30.4.2009. So far he has not been able to place any material on record. The petitioner has today placed on record Annexure P-14, which gives some indication about his fixation of pay, which would not in any manner show if the currency of the punishment was over prior to 30.4.2009. The petitioner has a right of consideration and can not be promoted as prayed for by him. He is facing enquiry proceedings for award of major penalty, for which a charge sheet has already been issued to him. In this background, the petitioner, after consideration, still would not be entitled to promotion, unless these proceedings are brought to finality. The pendency of proceedings, once he has been issued a charge sheet, would be a good ground not to promote him as per the law laid down by the Hon'ble Supreme Court in the case of Union of India Vs. K.V.Jankiraman etc.etc., AIR 1991 Supreme Court 2010. The writ petition is accordingly disposed of with a direction to the respondents to consider the claim of the petitioner for promotion, if he is otherwise eligible and due for consideration. August 24, 2009 ( RANJIT SINGH ) khurmi JUDGE