Dr. R. N. Netam v. Subrat Sahoo

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 209 of 2018 • Dr. R. N. Netam S/o Late Shri C.S.Netam Aged About 61 Years R/o G-11, Agrasen Nagar, Ring Road No.1, Tahsil Raipur, Police Station D.D.Nagar Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. Subrat Sahoo, Principal Secretary Health And Family Welfare Department, Mantralaya New Raipur, Police Station Rakhi, District Raipur, Chhattisgarh

2. Ranu Sahu, Director Health Services Chhattisgarh, Raipur, Police Station Raipur, District Raipur, Chhattisgarh

3. R.

Prasanna, Special Secretary, Social Welfare Department/Sports/Youth (Independent Charge) Mantralaya New Raipur, Police Station Rakhi, District Raipur, Chhattisgarh ---- Respondent For Petitioner Mr. Prateek Sharma, Advocate For Respondents Mr. Shashank Thakur, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 5/12/2018

1. Heard.

2. Indisputably, on the date of DPC i.e. 16.9.2013, a Departmental Enquiry was pending against the petitioner, in which, he was subsequently penalised with stoppage of 3 annual increments with cumulative effect. Therefore, the direction issued by this Court in WPC No.400 of 2013 on 11.2.2016 has been complied

with by convening a review DPC and thereafter, the order -Annexure R/3 has been passed assigning reasons as to why the petitioner was found not entitled for promotion to the post of Joint Director, Health Services, Chhattisgarh.

3. Although there is some delay in compliance of the order, however, since the matter pertains to promotion and the DPC was convened by the Public Service Commission, the delay in compliance of the order does not appear to be malafide.

4. If the petitioner is aggrieved by denial of promotion on the post of Joint Director, Health Services, Chhattisgarh, he may move a fresh writ petition before this Court.

5. The petition stands disposed of.

Sd/- (Prashant Kumar Mishra) Judge Shyna