R.D.Pandir Vs. the Chairman Haryana State Agricultural Marketing Board - Court Judgment

SooperKanoon Citationsooperkanoon.com/1090529
CourtPunjab and Haryana High Court
Decided OnSep-18-2013
AppellantR.D.Pandir
RespondentThe Chairman Haryana State Agricultural Marketing Board
Excerpt:
raj kumar arora cwp-20702-2013 (o&m) 2013.09.23 16:37 i attest to the accuracy and integrity of this document in the high court of punjab and haryana at chandigarh cwp-20702-2013 (o&m).decided on: september 18, 2013. r.d.pandir ....petitioner versus the chairman, haryana state agricultural marketing board, panchkula, ....respondent coram: hon'ble mr.justice m.m.s.bedi present mr.akshay bhan, advocate, for the petitioner. m.m.s.bedi, j. (oral) the petitioner was not considered for promotion to one of the two posts of chief engineer on 16.5.2012, by the administrative committee as he was facing disciplinary proceedings under the haryana civil service (punishment and appeal) rules 1987. the committee had decided that the next senior most superintending engineer to be promoted to the post of chief engineer. it was also decided by the committee that as and when the petitioner becomes eligible for promotion either sh.n.s.kundu will be reverted to his original post or sh.d.r.yadav, chief engineer would be repatriated to his parent department. it appears that the petitioner is not involved in any departmental proceedings and the departmental enquiry against the petitioner has culminated with an admonition to the petitioner vide 1 raj kumar arora cwp-20702-2013 (o&m) 2013.09.23 16:37 i attest to the accuracy and integrity of this document annexures p8 & p9. it is also submitted that the petitioner is also not involved in any criminal case. the petitioner had submitted a representation for promotion to the post of chief engineer with retrospective effect when the vacancy arose. the representation submitted by the petitioner annexure p13 dated 13.8.2013 has not been considered. in view of above circumstances, this petition is disposed of at this stage, with a direction to the respondents to consider the claim of the petitioner in annexure p13, within a period of one month after the receipt of certified copy of the order by passing a speaking order taking into consideration the circumstances mentioned in the representation annexure p13. in case the petitioner is held entitled to the relief claimed all the consequential benefits accruing therefrom will be granted to the petitioner within a period of one month after the decision of representation. (m.m.s.bedi) september 18, 2013. judge rka 2
Judgment:

Raj Kumar Arora CWP-20702-2013 (O&M) 2013.09.23 16:37 I attest to the accuracy and integrity of this document IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20702-2013 (O&M).Decided on: September 18, 2013.

R.D.Pandir ....Petitioner Versus The Chairman, Haryana State Agricultural Marketing Board, Panchkula, ....Respondent CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.Akshay Bhan, Advocate, for the petitioner.

M.M.S.BEDI, J.

(ORAL) The petitioner was not considered for promotion to one of the two posts of Chief Engineer on 16.5.2012, by the Administrative Committee as he was facing disciplinary proceedings under the Haryana Civil Service (Punishment and Appeal) Rules 1987.

The Committee had decided that the next senior most Superintending Engineer to be promoted to the post of Chief Engineer.

It was also decided by the Committee that as and when the petitioner becomes eligible for promotion either Sh.N.S.Kundu will be reverted to his original post or Sh.D.R.Yadav, Chief Engineer would be repatriated to his parent department.

It appears that the petitioner is not involved in any departmental proceedings and the departmental enquiry against the petitioner has culminated with an admonition to the petitioner vide 1 Raj Kumar Arora CWP-20702-2013 (O&M) 2013.09.23 16:37 I attest to the accuracy and integrity of this document Annexures P8 & P9.

It is also submitted that the petitioner is also not involved in any criminal case.

The petitioner had submitted a representation for promotion to the post of Chief Engineer with retrospective effect when the vacancy arose.

The representation submitted by the petitioner Annexure P13 dated 13.8.2013 has not been considered.

In view of above circumstances, this petition is disposed of at this stage, with a direction to the respondents to consider the claim of the petitioner in Annexure P13, within a period of one month after the receipt of certified copy of the order by passing a speaking order taking into consideration the circumstances mentioned in the representation Annexure P13.

In case the petitioner is held entitled to the relief claimed all the consequential benefits accruing therefrom will be granted to the petitioner within a period of one month after the decision of representation.

(M.M.S.BEDI) September 18, 2013.

JUDGE rka 2