Point of Law: Rule 11 of the CCS (CCA) Rules, 1965 provides for major and minor penalties.

JUDGMENT :

JYOTSNA REWAL DUA, J.

CMP (T) No. 1107 of 2022

1. In view of the averments made in the application, the same is allowed and disposed of.

CWPOA No. 5506 of 2019

With the consent of learned counsel for the parties, the matter is taken up for decision.

2. Petitioner’s prayer is that the respondents be directed to consider his candidature for promotion to the post of Superintendent Grade-II.

3. The case of the petitioner is that:

(i) The petitioner was appointed as Clerk on 24.02.1987. He was promoted to the post of Junior Auditor/Senior Assistant on 02.03.2009. Further promotion from the post of Senior Assistant is to the post of Superintendent Grade-II.

(ii) In terms of Clause 11 of the Recruitment & Promotion Rules (in short ‘R&P Rules’) for the post of Superintendent Grade-II, notified on 14.09.2011, the petitioner acquired eligibility for promotion to the post of Superintendent Grade-II on 02.03.2015. Despite the availability of vacancy of Superintendent Grade-II, the respondent-Department did not make promotions of eligible Senior Assistants to the post of Superintendent Grade-II. Petitioner’s representations to the respondents seeking his promotion did not yield any positive response, hence, he preferred the instant petition, initially registered as O.A. No. 2413 of 2015 before the erstwhile H.P. Administrative Tribunal, praying for the following substantive reliefs:

“(a) That the respondent may kindly be directed to consider the candidature of the applicant to be promoted to the post of Superintendent Grade-II.

(b) That the respondents may kindly be directed to complete the proceedings for the Departmental Promotion Committee for promotions to the post of Superintendent Grade-II.”

4. The respondents in their reply have not disputed the factual position. Their stand is that initially the meeting of Departmental Promotion Committee (DPC) could not be convened due to non-finalization of seniority list of Senior Assistants. The same was finalized on 15.07.2015, showing the position as on 31.12.2014. It was only thereafter that the meeting of DPC for promotion to the post of Superintendent Grade-II was convened on 10.08.2015 as per the applicable R&P Rules. In the said DPC meeting, name of the petitioner was considered, however, the recommendations of the DPC in that regard were kept in a sealed cover as a charge-sheet dated 09.06.2015 had been issued to the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [in short ‘CCS (CCA) Rules, 1965’]. The departmental inquiry was pending against the petitioner, hence, sealed cover procedure was adopted by the DPC.

5. It is not in dispute that the departmental inquiry against the petitioner has since long been concluded. The disciplinary authority imposed the penalty of stoppage of two increments without cumulative effect upon the petitioner on 13.08.2015. During hearing of the case, learned counsel for the petitioner placed on record a copy of the order passed by the Appellate Authority on 02.03.2016, whereby the penalty of withholding two increments without cumulative effect was reduced to withholding of future increment of pay without cumulative effect for a period of one year with further order that the penalty was to come into effect from the date of order of the Disciplinary Authority, i.e. 13.08.2015. Learned counsel for the petitioner also submitted that the order passed by the Appellate Authority has also been assailed by the petitioner by filing CWPOA No. 7064 of 2019.

6. Be that as it may. The fact remains that the Memorandum of Charge-sheet issued against the petitioner has culminated in passing of office order dated 13.08.2015 by the Disciplinary Authority, as modified by the Appellate Authority on 02.03.2016, whereby penalty of withholding of future increment of pay without cumulative effect for a period of one year has been imposed upon the petitioner. Learned counsel for the petitioner has submitted that imposition of min