In this petition, the main prayer made by the petitioner was that he should be permitted to undergo the training for the purpose of promotion to the post of Junior Telecom Officer which was to commence from 1.9.2003. It was also prayed that the petitioner should be held entitled for being promoted as Junior Telecom Officer on completion of such training irrespective of the issuance of charge-sheet against him on 28th August, 2003.
2.It was the case of the petitioner that on account of the issuance of the charge-sheet, though he was placed in the select list for promotion to the post of Junior Telecom Officer, he was not being sent for training, completion of which was a pre-requisite for being granted promotion. By interim order dated 1.9.2003, the petitioner was permitted to undergo the said training, which the petitioner had completed. The main prayer of the petitioner therefore has become virtually infructuous. The subsidiary question of consideration of the petitioner for further promotion however survives. It is not in dispute that a charge-sheet has been issued to the petitioner on 28th August, 2003, alleging serious irregularities against the petitioner. It is not in dispute that prior to 28.8.2003, no person junior to the petitioner was promoted to the post of Junior Telecom Officer. In that view of the matter, it is not open for the petitioner to insist that he must be promoted irrespective of the pending Departmental enquiry. Counsel for the petitioner has fairly pointed out that persons from the same select panel have been promoted by order dated 10.2.2004 i.e. long after the charge-sheet was issued against the petitioner. Nothing has been pointed out from the available record that in such a case also the petitioner would be entitled to be promoted. In that view of the matter, the prayer of the petitioner for being promoted ignoring the charge-sheet cannot be entertained. In the result, the petition fails and is hereby rejected. Notice discharged with no order as to costs.
(Akil Kureshi, J.) */Mohandas