The petitioner has taken out present petition seeking below mentioned reliefs/directions:-
"8(b) quash and set aside the show cause notice dated 04/10/2007 and 23/11/2007 (Annexure-A Colly.) issued by respondent no.1 authority on the ground of unreasonable delay in concluding the departmental inquiry; and / or
(c) quash and set aside the chargesheet dated 20-10-2009/02-01-2010 issued by respondent no.1 authority on the ground of unreasonable delay in concluding the departmental inquiry; and / or
(d) direct respondent authority no.1 to consider the case of the petitioner for the promotion to the post of Deputy Executive Engineer with all consequential benefits w.e.f. 05/01/2011 on which; 39 juniors to the petitioner have been promoted by the respondent no.1; and/or"
2. In the present petition, the petitioner has averred that he has been visited with show-cause notice in October - November, 2007. The petitioner has also averred that subsequently, in October, 2009 and January, 2010 charge-sheets came to be issued. The petitioner has claimed that departmental proceedings by way of inquiry commenced in pursuance of the said charge-sheets and the said proceedings are pending and have not been concluded.
2.1 It is not in dispute that in present case, Inquiry Officer has been appointed and the proceedings are in progress.
2.2 However, the petitioner has preferred present petition on the ground that though the proceedings have commenced and almost 2 years have passed, the inquiry has not been concluded. It is also claimed by the petitioner that in the meanwhile, his co-employees, who according to the petitioner's allegation are juniors to him have been promoted to the post of Dy. Executive Engineer. The petitioner has also made reference of certain circular in support of his claim according to which even during pendency of the petition, case of the eligible employees may be considered for ad-hoc promotion.
2.3 In this background, the petitioner has preferred present petition seeking direction that the show-cause notices issued in October - November, 2007 and the charge-sheets issued in October, 2009 and January, 2010 may be quashed and set aside.
2.4 The petitioner has also claimed that his case may be considered for promotion to the post of Dy. Executive Engineer.
3. On perusal of the petition, it is noticed that though he has alleged that on earlier occasion, certain persons juniors to him have been promoted, the petitioner has not mentioned any details as to whether there are any vacancies on the post of Dy. Executive Engineer or not and he has also not mentioned the eligibility criteria for promotion to the said post and as to whether he possesses and fulfills such criteria, or not.
4. Having regard to the facts and circumstances of the case, more particularly that the departmental proceedings are in progress, this Court is not inclined to grant the reliefs as prayed for in para - 8 (b) and
(c).
The Court is not inclined to quash and set aside, at this stage of the proceedings the show-cause notices and/or the charge-sheets more so, on the reasons mentioned by the petitioner and also considering the fact that against present petitioner actually another departmental inquiry, pursuant to another/second charge sheet is also pending.
However, the Competent Authority and the Inquiry Officer are directed to ensure that the inquiry proceedings are concluded, as expeditiously as possible, and not later than 15.7.2012.
4.1 So far as the petitioner's request for consideration of his case for promotion to the post of Dy. Executive Engineer is concerned, the said request is disposed of with the observation that if the petitioner is, otherwise, eligible and qualified for consideration for the promotion to the post of Dy. Executive Engineer and if any vacancies on the said posts exists and if the process of promotion to the said post is in progress, then, subject to relevant provisions and rules and the administrative instructions of the concerned department, the case of the petitioner may be considered for ad-hoc promotion, in accordance with law.
With the aforesaid observations and direction, present petition stands disposed of. Direct service is permitted.
(K.M.Thaker, J.) kdc Top