IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

217 CWP-406-2020(O&M)

Date of Decision: January 14, 2026 Deepak Talwar .....Petitioner VERSUS State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Raman B. Garg with Mr. Mayank Garg and Mr. Navdeep Singh, Advocates for the petitioner.

Mr. Saurav Girdhar, AAG, State-Haryana.

Mr. Ravinder Singh Dhull, Advocate for respondents No.2 to 4.

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HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of an appropriate writ or order in the nature of certiorari for quashing the impugned order dated 11.12.2018 (Annexure P-29) with further directions to grant the petitioner promotion on the posts of Superintending Engineer and Chief Engineer from the date of promotion of his juniors with all consequential benefits including arrears with interest @18% per annum. Further praying for issuance of a writ in the nature of certiorari for quashing the impugned letter dated 31.10.2013 (Annexure P-22) imposing penalty of censure passed under the provisions of Punjab Civil Services Rules (Punishment & Appeal) Rules, 1952 being illegal and without sanction of law.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as a Sub-Divisional Officer on an ad hoc basis on 20.08.1974 in the Haryana State Agricultural Marketing Board and was subsequently appointed as a permanent Sub-Divisional Officer w.e.f. 20.08.1974 vide order dated 23.11.1976 (Annexure P-1). Thereafter, the petitioner was entrusted with the duties of a higher post, namely Executive Engineer, vide order dated 24.01.1979 (Annexure P-2). Vide order dated 22.01.1992 (Annexure P-4), the petitioner was conferred regular promotion to the post of Superintending Engineer. The petitioner made a representation seeking regular promotion to the post of Superintending Engineer from the date he started discharging the responsibilities of the said post, on the ground of his excellent performance, seniority, and the established practice and precedent of the respondent-Board, in pursuance of order dated 13.12.1990 (Annexure P-3), vide which he was entrusted with the duty charge of the post of Superintending Engineer. Consequent thereto, the petitioner’s request was considered, and it was decided to promote the petitioner along with one Sh. P.S. Rawat to the post of Superintending Engineer w.e.f. 13.12.1990 and 28.02.1990 respectively; however, no formal orders were issued. Thereafter, the primary charge entrusted to the petitioner for the post of Superintending Engineer was withdrawn vide order dated 28.07.1997 (Annexure P-7). In the meantime, one Sh. Prem Singh, who was junior to the petitioner, was promoted to the post of Superintending Engineer on an ad hoc basis vide order dated 04.01.1997 (Annexure P-8), despite the fact that he was facing disciplinary proceedings. The respondent- Board, however, failed to decide the departmental inquiry initiated against the petitioner within a reasonable time, for obvious reasons, namely to deprive him of promotion to the higher post of Superintending Engineer. The respondent-Board also failed to act upon the directions issued by this Court in CWP-1677-1998, titled Deepak Talwar versus Haryana State Agricultural Marketing Board and another, vide order dated 05.02.1998 (Annexure P-10).

2.1 In the meanwhile, the respondent-Board promoted another junior to the petitioner, namely Sh. Vijay Parkash, to the post of Superintending Engineer vide order dated 17.09.1999 (Annexure P-11), who was further promoted to the post of Chief Engineer. The respondent-Board issued a gradation list of Executive Engineers, wherein Sh. D.R. Kapoor, the petitioner, Sh. Prem Singh, Sh. S.K. Goel, and Sh. Vijay Parkash were shown at Sr. Nos. 2, 4, 5, 6, and 7 respectively. After considering objections, a final gradation list of Executive Engineers as on 01.12.1988