High Court of Punjab and HaryanaCWP/21224/2018disposed of

Arun Kumar Jindal v. State Of Punjab And ORS.

2018-10-25Mrs. Justice Raj Rahul Garg3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-21224-2018 (O&M).

Decided on: October 25, 2018.

Arun Kumar Jindal .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASWANT SINGH * * * PRESENT Mr.Arjun Sheoran, Advocate, for the petitioner.

Ms.Sudeepti Sharma, Addl.A.G. Punjab.

JASWANT SINGH, J. (ORAL) Petitioner is serving in the substantive rank of Block Development and Panchayat Officer with the Department of Rural Department and Panchayats, Punjab. He is stated to be holding additional charge of the promotional post of DDPO.

The grievance raised in the petition is that for the last 10 years, his annual increments have not been released and also promotion denied in view of pendency of disciplinary proceedings although an enquiry report dated 5.8.2010 (P2), exonerating the petitioners of the charges, stood submitted to the competent authority - Government.

On the previous date of hearing on 15.10.2018, the following order was passed:- "Learned State Counsel on instructions from Mr. Gurmit Singh, Senior Assistant, office of Rural Development and Panchayat Plunjab is unable to apprise the Court regarding the final outcome of the findings recorded in the inquiry report dated 5.10.2010 exonerating the petitioner of the charges.

Petitioner has not been released his annual increments as also consideration for promotion on account of chargesheet Annexure P-1 qua which the inquiry report P-2 relates.

List on 25.10.2018.

Let the Secretary Department of Rural Development and Panchayats, Punjab file his personal affidavit in that regard failing which he shall be personally present in Court.

To be shown in urgent."

At the time of resumed hearing, affidavit dated 23.10.2018 of Financial Commissioner, Department of Rural Development and Panchayats, Punjab, has been filed, wherein it is stated that the disciplinary proceedings stand filed vide order dated 18.10.2018 (R1/T), and vide another order dated 17.10.2018 (R2/T), the claimed increments have also been ordered to be restored.

At that time of hearing, learned State counsel on instruction of Ms.Manjit Kaur, Under Secretary, Department of Rural

Development and Panchayat, Punjab, assisted by Sh.Jagtar Singh, Sr. Asstt., states that the impact of the dropping of the disciplinary proceedings would be considered while deciding the claim of the petitioner for retrospective promotion as DDPO w.e.f. the date his juniors were promoted, within a period of four week from today.

Disposed of as having rendered infructuous.

The state shall be bound by the statement made in the Court.

(JASWANT SINGH) JUDGE October 25, 2018.

raj arora Whether speaking / reasoned Yes / No Whether reportable Yes / No