Punjab-Haryana High Court
Jai Bhagwan Jain vs Haryana State Electricity Board And ... on 15 March, 2011
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11934 of 1989 (O&M)
Date of decision:15.03.2011
Jai Bhagwan Jain ....Petitioner
versus
Haryana State Electricity Board and another ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: None.
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1. Whether reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the reporters or not ? No.
3. Whether the judgment should be reported in the digest ?No.
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K.Kannan, J. (Oral)
1. The writ petition relates to the issue of not fixing appropriate scales on promotion that was granted to the petitioner. The grievance in the petition was that the efficiency bar of petitioner had not been decided since a charge-sheet and show cause notice had been pending against him.
2. There is no representation for the petitioner. If the departmental proceedings pursuant to a charge-sheet and show cause notice had yielded to a final decision and if he has been exonerated by the charges, the writ petitioner shall be entitled to fixation of appropriate scales to the promoted post. If, on the other hand, the charges had been proved and he was not found entitled to the consideration for efficiency bar, then the petitioner shall have no remedy through this writ petition. Civil Writ Petition No.11934 of 1989 (O&M) -2-
3. The ultimate decision to the writ petition will, therefore, follow the outcome of the departmental proceedings that was said to have been pending at the time of filing of the writ petition. Since I do not have the benefit of the details of the outcome of such enquiry, I dismiss the petition holding that the petitioner is not entitled to any relief. The petitioner shall, however, be at liberty to make appropriate representation to the respondents if he is still in service for a consideration of the appropriate scales applicable to the promoted post and further if he has been exonerated of the charges. On such representation, the authority shall take a decision within 8 weeks after the representation is given.
4. The writ petition is disposed of with the above observations.
(K.KANNAN) JUDGE 15.03.2011 sanjeev