JUDGMENT

Mr. Pankaj Jain, J. (Oral)

By way of present writ petition, the petitioner prays for issuance of writ in the nature of certiorari seeking quashing of the charge sheet dated 08.09.2021 (Annexure P-2) issued to the petitioner under Regulation 8 of the Punjab State Electricity Board Employees (Punishment & Appeal) Rules, 1971.

2. Reply by way of affidavit of Er. Munish Bansal Joint Secy/Technical-2, PSPCL, Patiala on behalf of respondent has been filed. The same is taken on record.

3. Petitioner was appointed as Junior Engineer (Electrical) with the respondent on 03.06.2014 and is aspiring to be considered for promotion to the post of Assistant Engineer having completed 3 years service and in possession of requisite qualification. However, the claim of the petitioner is being not considered on account of charge sheet issued to him (Annexure P-2).

4. Learned counsel for the petitioner has referred to the instructions (Annexure P-8 A) to contend that even as per the instructions issued by the Corporation itself whole of the disciplinary proceedings have to be concluded within a period of 300 days from the date of issuance of charge sheet and within a period of 3 months from the date of initiation of the inquiry. However the said time limits are not being resorted to. He further submits that it is also prescribed under the instructions issued by Corporation itself that in such circumstances where the delay is not attributable to the delinquent, he has to be considered for promotion.

5. Per contra learned counsel for the respondent submits that it is not a case where the promotions were being made and the petitioner is being ignored on account of there being a charge sheet pending against him. Once the details of eligible persons to be considered for promotion was called for, the name of the petitioner was included and keeping in view the charge sheet pending against the petitioner, the instructions dated 20.03.2001 as amended vide memo dated 21.09.2001 have to be resorted to. The petitioner would be considered by DPC and till the date charge sheet is pending the result would be kept in the sealed cover.

6. After hearing learned counsel for the parties, in the considered opinion of this Court, though the petitioner is admittedly facing disciplinary proceedings, however, the same cannot be kept pending for indefinite period of time. Precisely this is the objective behind issuance of regulations prescribing time limits for concluding such disciplinary proceedings.

7. In view of above, respondent is directed to conclude the disciplinary proceedings against the petitioner within a period of 3 months from the date of receipt of certified copy of this order.

8. Needless to say, in case the petitioner stands exonerated in the inquiry proceedings, he shall be entitled for all benefits from the day his counter parts in the same promotional proceedings stand promoted.

9. Petition stands disposed off.