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2016 Supreme(Raj) 1166

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
VEERENDR SINGH SIRADHANA, J.
G.S. Saxena - Petitioner
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 2965 of 2002
Decided on : 30-08-2016.

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjeep Prakash Sharma, Sr. Advocate with Mr. Abhinav Kasliwal, Advocate.
For the Respondents:Ms. Sonal Singh, Advocate.

Headnote:

Constitution of India ,1950 - Article 16 and 14 - Rajasthan State Electricity Board City Compensatory Allowance Regulations, 1962 Rule 6 - Regulations of 1974 Regulation 26 - Selection Committee on a consideration of case of petitioner for promotion to post of Joint Director Personnel in compliance of order made by this Court declined claim of petitioner for promotion decision of Selection Committee was communicated to petitioner vide communication of which petitioner is aggrieved of and therefore has instituted present writ application praying for reliefs - Petitioner entered service of erstwhile Rajasthan State Electricity Board in year he was appointed to post of Assistant Personnel Officer in year followed by his appointment as Personnel Officer on January In final seniority list of Personnel Officers as on January issued vide order name of petitioner was indicated at serial and that of respondent found place at serial it is pleaded case of petitioner that he was served with a charge sheet under Rule of Employees (CCA), Regulations – Petitioner it was respondent who did not allow enquiry proceedings to conclude he was promoted as Deputy Director while case of petitioner was kept in sealed cover owing to pending enquiry – Held, That being position, in opinion of this Court, case of petitioner deserves to be considered afresh - Court finds no substance in submissions made on behalf of respondent while resisting claim for reason that respondent along with another was considered under Regulations and was accorded promotion to post of Joint Director Personnel without any insistence on condition of years service as Deputy Director Personnel though on adhoc basis later on he has been allowed to retain post of Joint Director Personnel in substantive capacity and has been accorded all consequential benefits For reasons and In result respondents are directed to consider case of petitioner for promotion to post of Joint Director Personnel with reference to vacancy of year exercise shall be completed as expeditiously as possible in no case later than four months from date of a certified copy of this order is presented facts and circumstances of case there shall be no order as to costs - Writ Petition allowed

ORDER :

Veerendr Singh Siradhana, J.

The Selection Committee, on a consideration of the case of the petitioner for promotion to the post of Joint Director (Personnel)/Director (Personnel), in compliance of the order made by this Court, declined the claim of the petitioner for promotion on 30th June, 2001. The decision of the Selection Committee was communicated to the petitioner vide communication dated 24th July, 2001 (Annexure-11); of which the petitioner is aggrieved of, and therefore, has instituted the present writ application, praying for the following reliefs:

"It is, therefore, prayed that the Hon'ble Court may call for the entire record concerning the case including the proceedings of DPC & record of DPC prior to passing of order dated 24.7.2001 and also examine the facts stated in earlier writ petition No. 3253/1999 and after considering the orders passed by the Hon'ble Court in the earlier writ petition, review petition and in contempt petition which have already been placed on record, by issuing writ, order or direction;

(i) quash the order dated 24.7.2001 and further declare the petitioner entitled to be granted further promotion on the post of Joint Director and Director of Personnel from the date the respondent No. 4 was so promoted and grant the petitioner all consequential benefits including monetary benefits from the said date and accordingly revise the petitioner's pension and retiral benefits;

(ii) further grant the petitioner compensation for harassment caused to the petitioner by awarding a sum of at least Rs.2 lacs;

(iii) any other order or direction as may be deemed fit and proper in the facts and circumstances of the present case may also be passed in favour of humble petitioner.

(iv) cost of this writ petition may also be awarded in favour of humble petitioner."

2. Shorn off unnecessary details, the essential skeletal materials facts necessary for consideration of the squabble are that the petitioner entered the service of erstwhile Rajasthan State Electricity Board (RSEB) in the year 1962. He was appointed to the post of Assistant Personnel Officer in the year 1973, followed by his appointment as Personnel Officer on 1st January, 1976. In the final seniority list of Personnel Officers as on 1st January, 1985, issued vide order dated 19th June, 1985, the name of the petitioner was indicated at serial No. 6 and that of respondent No. 4 - Shri G.R. Sharma (Shri Ganga Ram Sharma), found place at serial No. 10. It is pleaded case of the petitioner that he was served with a charge sheet under Rule 6 of the Employees (CCA), Regulations, 1962 (for minor penalty) (for short, 'Regulations of 1962').

3. On 25th September, 1993, on a consideration of reply and personal hearing; the Disciplinary Authority recorded on the order sheet that no case was made out but this fact was not conveyed to him. On 4th October, 1993, fresh enquiry proceedings were initiated under Regulation 7 of 1962, and a charge sheet was issued afresh on 18th October, 1993. Shri R.N. Puri was appointed as Presenting Officer on 2nd December, 1993. Respondent No. 4-Shri G.R. Sharma was appointed as Presenting Officer in place of Shri. R.N. Puri on 29th January, 1994.

4. According to the petitioner, it was respondent No. 4, who did not allow the enquiry proceedings to conclude, rather he ensured that the proceedings were continued for that improved chances of his promotion over the petitioner. The apprehension of the petitioner turned out to be true on 31st August, 1994, while respondent No. 4-Shri G.R. Sharma, was promoted as Deputy Director while the case of the petitioner was kept in sealed cover owing to pending enquiry. Respondent No. 4, untill 14th February, 1995, did not present the list of documents. On 8th December, 1996, the respondent No. 4 got replaced himself as Presenting Officer by Shri B.L. Vashishtha, a much junior employee to the petitioner





































































































































































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