Rajinder Singh v. State Of Punjab And ORS

2023:PHHC:150803

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26537-2023 Date of Decision: 28.11.2023 Rajinder Singh . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present

Mr. Adarsh Dubey, Advocate for the petitioner.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner claims promotion on the post of Superintendent Grade-I. It is a post which has fallen vacant on 01.07.2023.

2. Learned counsel submits that the petitioner retired on 31.07.2023, and therefore he was entitled for consideration for promotion on the said post. In view of the departmental enquiry and the criminal case pending, the respondents should have kept the case of the petitioner in a sealed cover.

3. However, this Court finds that the petitioner had been granted benefit of promotion on the post of Superintendent Grade-II itself, subject to the criminal case and the departmental enquiry. Thus, there was no occasion to keep his case in sealed cover.

4. The DPC has rightly rejected his claim for promotion considering that the petitioner is involved in a case for offences under Prevention of Corruption Act, 1988, apart from offences under sections 420, 409, 467, 468, 472, 120-B of IPC. Case is pending and the petitioner is facing trial.

MOHIT GOYAL 2023.11.28 18:20 I attest to the accuracy and integrity of this document

CWP-26537-2023 2023:PHHC:150803

5. In view thereof, no case for interference is made out.

6. Writ Petition stands dismissed.

(SANJEEV PRAKASH SHARMA) JUDGE November 28, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.11.28 18:20 I attest to the accuracy and integrity of this document