Full Judgment Text
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PETITIONER:
BIR SINGH CHAUHAN
Vs.
RESPONDENT:
STATE OF HARYANA & ANR.
DATE OF JUDGMENT: 07/07/1997
BENCH:
K. RAMASWAMY, D. P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The learned counsel for the respondent was directed to
produce the record and to file the counter; but neither
counter has been filled nor the record has been produced. In
these circumstances, we are constrained to proceed on the
basis of the material on record.
The appellant, while he was working as Executive
Engineer, was asked by the Superintending Engineer to carry
out the visual inspection of the work executed at Sonepat
Drainage Division on April 30, 1989. He carried on the same
on May 2, 1989 and submitted the report. Subsequently, a
case was registered against the contractors and other
employees. On the basis of subsequent report submitted by
Shri O.P. Vij, an FIR was registered on August 10, 1989
against the officers connected with the job. Thereafter, the
entire staff connected with the job. Thereafter, the entire
staff comprising of 95 persons in Karnal Drainage Circle,
was put under suspension in April 1990. On account thereof,
the appellant was also kept under suspension for giving the
report of visual inspection vis-a-vis the execution of the
work. After his reinstatement, he was due for promotion but
the same was not given, while his juniors were promoted.
Consequently, he challenged his non-consideration for
promotion by way of writ petition which has been dismissed
by the High Court. Thus, this appeal by special leave.
We wanted to examine the record to ascertain whether
there is any substantial case against the appellant. The
respondents have neither filed counter nor produced the
record. Under these circumstances, we are constrained to
accept the case of the appellant that he is entitled to be
considered for promotion under the Rules. We direct the
Government to consider his case for promotion on the basis
of his service record within four months from the receipt of
this order. While doing so, the Government will exclude the
material relating to his inspection report.
The appeal is accordingly allowed. No costs.