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TRIBHUVAN DAHIYA
B. n. Gupta – Appellant
Versus
Haryana State Electricity Board, Panchkula – Respondent
JUDGMENT
Tribhuvan Dahiya J. - This revision petition under Article 227 of the constitution of India has been filed for quashing the order dated 29.10.2015 (Annexure P-8) passed by the Executing Court, Civil Judge (Junior Division), Karnal, by which execution application filed by the petitioner/decree-holder was dismissed as the decree dated 17.11.2003 stood fully satisfied.
2. The facts in brief are, the petitioner/decree-holder joined the respondent-Board as an Assistant Engineer. He was placed under suspension by order dated 12.08.1981 w.e.f. 13.05.1981 on account of willful absence from duty. A departmental enquiry was held and a show cause notice of proposed punishment was issued. However, instead of taking any decision on the show cause notice, the petitioner was reinstated in service vide order dated 04.05.1987 with immediate effect. Thereafter, a denovo enquiry was ordered to be held against the petitioner vide order dated 28.08.1989; another charge sheet was served upon him by order dated 26.08.1988 alleging that he had willfully absented himself since 04.05.1987. After the enquiry, the petitioner was finally removed from service vide order dated 27.11.1992 w.e.f. 13.05.1981
The main legal point established in the judgment is that the relief of promotion was not claimed or granted in the decree dated 17.11.2003, and the petitioner was not entitled to promotion as a matte....
Functioning of Government in a State is Governed by Article 166 of Constitution, which lays down that there shall be a Council of ministers with Chief Minister at head, to aid and advise Governor in ....
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
Promotion cannot be denied from eligibility and vacancy date merely due to departmental delay in convening DPC for clarifications; review DPC under service handbook Clause 16.29 grants notional benef....
Notional service can be included in the calculation of eligibility for promotion, and administrative delays should not penalize an employee's right to promotion.
The 'sealed cover procedure' and relevant Supreme Court judgments establish that an employee acquitted in a criminal case is entitled to promotion and benefits from the date of promotion as if no pro....
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
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