9911796707
TMI Blog1992 (10) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... In the year 1986 his name was included in the panel for promotion to the post of Chief Engineer but neither he nor anyone junior to him was promoted. The Departmental Promotion Committee (DPC) met on October 28,1987 and considered his name for promotion. Since disciplinary proceedings were contemplated against him, the recommendation of the DPC qua him was kept in sealed cover . On April 15, 1988 he was served with a charge sheet. 3. Syed filed a writ petition before the Madhya Pradesh High Court on April 20, 1988 challenging the adoption of sealed cover procedure by the DPC and claimed that he was entitled to promotion specially when a person junior to him had been promoted. The writ petition was transferred to the Madhya Pradesh Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e unexceptionable. The only question for our consideration is whether in the facts and circumstances of this case specially in view of the events subsequent to the meeting of the DPC, it would be in the interest of justice to promote respondent Syed to the post of Chief Engineer. 5. Syed was posted as Superintending Engineer, Mahandi Project Circle, Raipur where he was in charge of Ravishankar Sagar Project, Sondur Dam and the canals connected with the project. He was in charge of the total construction of the project. He continued in the said posting till August 3, 1986. In April, 1986 and thereafter State Government received various complaints against Syed indicating that he made excess payments towards the construction of the project. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n July, 1986 was justified in resorting to the sealed cover procedure, notwithstanding the fact that the charge sheet in the departmental proceedings was issued in August/December, 1987. The Tribunal was, therefore, not justified in mechanically applying the decision of the Full Bench to the facts of the present case and also in directing all benefits to be given to the employees including payment of arrears of salary . 7. Keeping in view the facts of this case we are to the view that the sealed cover containing recommendations of the DPC in respect of respondent Syed be not opened till the departmental proceedings against him are concluded. As mentioned above the enquiry report has already been received by Syed and it is matter of day ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
