Heard learned counsel for the parties.
The petitioner herein was awarded a censure entry with respect to an incident which took place on 02.05.2012 as informed by the learned counsel for the petitioner. The claim of the petitioner is that while considering the promotions to the post of Sub-Inspector he should be given the benefit of Paragraph 2 (2)(Sa) of the Government Order dated 30.06.1993, which has not be done in the circular contained in Annexure 3 to the writ petition.
The service record for the period 2005 to 2014 is to be taken into consideration for the promotion in question as is mentioned in the circular annexed as Annexure no. 3 to the writ petition.
On a bare perusal of the said provision of the Government Order dated 30.06.1993, assuming its applicability to the case, the Court finds that the period of five years referred therein, which is to be calculated from the date of incident, has not expired, rather it will expire in March, 2017, therefore, the benefit of the said provision can not be given in any selection held prior to the said date. The provision only provides that, from the date of incident, which is the basis for awarding the censure entry, if no other punishment is visited upon the employee in the next five years, then, the said censure entry shall be ignored. Therefore, obviously the benefit of the provision can only be given after expiry of the five years period as aforesaid, meaning thereby, such censure entry shall remain in effect for the said period of 5 years from the date if incident. If the contention of Shri Bhardwaj that the benefit of the aforesaid provision should be given as of now is accepted, then, an anomalous situation would arise, if supposing, in the next two or three months or till March, 2017 he is visited with a punishment, therefore, the claim is based on a misreading and misunderstanding of the provision.
Accordingly, the writ petition is dismissed, however, without prejudice to the claim of the petitioner for being considered for promotion otherwise.
Order Date :- 9.11.2016 R.K.P.
(Rajan Roy,J.)