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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sarbjit Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
| Table of Content |
|---|
| 1. petition filed under articles 226/227 regarding promotion issues. (Para 1 , 2) |
| 2. petitioner claims wrongful promotion delays and junior advantages. (Para 3 , 4) |
| 3. respondent defends delayed promotion due to pending disciplinary actions. (Para 5 , 6) |
| 4. court reinforces the principle of merit consideration and conducts findings. (Para 7 , 8) |
| 5. final ruling dismissing the petition for lack of merit. (Para 9) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present petition has been preferred under Article 226 /227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 01.07.2024 (Annexure P-1) whereby the deemed dated of promotion of the petitioner to the post of Circle Assistant has been erroneously determined as 27.11.2013 while it ought to be 28.11.2011.
2. Briefly, the facts are that the petitioner joined the erstwhile Punjab State Electricity Board (PSEB), now respondent-PSPCL, as an Upper Division Clerk(UDC) on 14.03.1997. He is currently working as Superintendent Grade- II in the office of the Chief Financial Officer. The petitioner cleared the departmental exam papers and became eligible for promotion
An employee penalized for misconduct cannot retroactively claim promotion benefits, affirming that promotion eligibility is contingent upon an unblemished conduct record.
An employee completely exonerated from a disciplinary proceeding is entitled to the salary and benefits of the higher post from the date on which he would have normally been promoted but for the disc....
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
Promotions of government servants under disciplinary proceedings cannot be granted until they are fully exonerated, as per established legal principles.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights 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....
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