IMPORTANT POINT
One cannot take advantage of his own fault.

JUDGMENT :

A.K. SIKRI, J.

Leave granted.

2) Matter heard finally as counsel on either side, who were ready to argue the matter, made a specific request in this behalf.

3) The instant appeal arises out of the judgment dated July 10, 2012 rendered by the Division Bench of the High Court of Madhya Pradesh whereby writ appeal filed by the appellants herein has been dismissed and the order of the learned Single Judge passed in the writ petition, which was preferred by the respondent herein, has been affirmed. The learned Single Judge of the High Court had allowed the writ petition of the respondent in which challenge to the order dated November 25, 2006, whereby the respondent was reverted from the post of Agriculture Development Officer (for short, 'ADO'), was laid. The learned Single Judge held that such a reversion was bad in law and quashed the same with the directions to the appellants herein to restore the promotion of the respondent as ADO from the date he was promoted to the said post, with all consequential benefits.

4) The facts gathered from the pleadings are mentioned hereunder in encapsulated form, as narration thereof will reflect the precise grievance of the respondent and the circumstances under which the said grievance arose for consideration.

5) The respondent was employed in the Agriculture Department of the State of Madhya Pradesh, i.e. appellant No.1 herein. Since 1990, he was posted in District Bhind. In the year 2005, when he was working as Rural Agricultural Extension Officer (RAEO), his turn matured for consideration of his case for promotion to the next post, i.e. ADO. He was considered by the Departmental Promotion Committee for promotion as ADO which adjudged him fit for promotion to the said post. Based on the recommendation of the Departmental Promotion Committee, the competent authority passed orders dated December 23, 2005 giving him promotion as ADO. In para 3 of the promotion order there was a stipulation to the effect that the Deputy Director of the concerned State District/Division, where the promoted employee was working, had to examine as to whether any departmental inquiry or prosecution was pending against such an employee or whether he was facing suspension. Instruction was given to the Deputy Director of the District/Division to the effect that in case any such departmental inquiry or prosecution was pending which would affect the promotion, then the promotion order was to be treated as cancelled and the concerned employee was not to be communicated the promotion order. In such cases, after decision of the departmental inquiry or after the completion of the period of punishment, reconsideration of the case for promotion was to be made.

6) The promotion order dated December 23, 2005 of the respondent also contained a stipulation that on promotion he was transferred from the office of Bhind to Sagar and he was supposed to join the promoted post of ADO in the Agriculture Department in District Sagar.

7) After receiving the aforesaid promotion order, the respondent submitted representation dated August 14, 2006 to the Deputy Director stating that a complaint regarding disciplinary proceeding was pending against him and till the said complaint is decided, he was willing to go on leave. It would be relevant to reproduce text of the said representation, which is to the following effect:

“It is to intimate that the plaintiff has been discharged from duty on 06.07.06, which was post of Agriculture Development Officer. Since it was known by the reliable information on 08.07.06 that the farmers have moved complaint as to departmental inquiry against me before the Collector, I shall continue to work on the post of Agriculture Development Officer until the inquiry is disposed of. I myself am ready to take earned leave from the aforesaid date 06.07.06 to upniyokti date. The promotion order in original of Directorate, Agriculture Planning is sent back to you.

Therefore, it is requested that my application