IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12235-2026 (O&M)

Date of decision: 23.04.2026 Ram Niwas ... Petitioner Vs.

State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. P.R. Yadav, Advocate for the petitioner.

Mr. Vikrant Pamboo, Addl. AG, Haryana.

Mr. Prince Singh, Advocate for respondents No.2 & 3.

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HARPREET SINGH BRAR, J. (ORAL)

1. Present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the charge-sheet dated 07.11.2013 (Annexure P-7), inquiry report dated 18.11.2014 (Annexure P-9), the order dated 08.11.2018 (Annexure P- 11) passed by respondent No.3, imposing penalty of recovery and the order dated 31.05.2022 (Annexure P-13) passed by the Secretary of the respondent- Board, dismissing the appeal filed by the petitioner. Further to quash the memorandum of dated 08.11.2013 (Annexure P-14), order dated 04.11.2014 (Annexure P-15) passed by respondent No.3, vide which penalty of recovery was imposed and the order dated 21.01.2022 (Annexure P-16) passed by the Secretary of the respondent-Board, dismissing the appeal filed by the petitioner. It is further prayed for modification of the order dated 28.02.2019 (Annexure P-22) passed by respondent No.3, whereby the petitioner was promoted with immediate effect w.e.f. 28.02.2019 and thus was denied promotion from the date i.e. 18.04.2012, when his juniors were promoted and also to quash the order dated 08.09.2025 (Annexure P-29) passed by respondent No.3, denying the promotion due to non-availability of vacant seat in promotion quota (AMIE Degree holder) from 19.04.1991 to January, 2000. It is also prayed to issue a writ in the nature of mandamus directing the official respondents to grant promotion and 2^nd & 3^rd ACP to the petitioner with all the consequential benefits including interest on the delayed payments as sought vide representation dated 26.12.2025 (Annexure P-32) and further to grant interest on the delayed payment of gratuity granted vide order/endorsement dated 23.02.2026 (Annexure P-34) from the date, it became due.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Junior Engineer in the respondent-Board on 13.02.1981. After obtaining prior permission from the respondent-Board in the year 1984, he pursued and completed his Bachelor of Engineering Degree during the year 1987-1990. Further, on 12.10.1990, the employees junior to the petitioner were promoted as Sub Divisional Engineer (for short ‘SDE’). Feeling aggrieved, he approached this Court by way of filing CWP-8154- 1993 and while deciding the said petition on 31.03.1994, promotion was set aside and it was directed to consider petitioner’s promotion from 12.10.1990. The aforesaid judgment dated 31.03.1994 rendered by this Court was upheld upto the Hon’ble Supreme Court. Thereafter, the petitioner filed a contempt petition and during pendency of the same, one ACR of the petitioner was downgraded to below average, however, after representation, ACR was treated as ‘Good’. It is further submitted that in the year 1999, the petitioner filed a writ petition i.e. CWP-9652-1999 and after that, another charge sheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (for short ‘Rules of 1987’) was issued, however, the same was dropped in the year 2000. Thereafter, vide order dated 21.01.2000 (Annexure P-1), the petitioner was promoted as SDE and on 26.10.2009, he was assigned officiating charge of Executive Engineer (XEN), Hisar and subsequently, on 10.12.2009, he was appointed as officiating Executive Engineer (XEN), Gurugram. On 16.04.2010, the Superintending Engineer recommended promotion of the petitioner, as discernible from letter (Annexure P-2).

3. It is further contended that on 13.05.2010, while discharging his duties, the petitioner approved the payment of Rs.10.00 lakhs