Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 490 (HP)

Dharam Pal Bhatti v. State of H. P.

2019-04-29

SANDEEP SHARMA, SURYA KANT

body2019
JUDGMENT : SURYA KANT, J. 1. Notice of motion. Mr. Nand Lal Thakur, learned Additional Advocate General, accepts notice on behalf of the respondents. In view of the nature of order we propose to pass, it is not necessary to call for any reply from the respondents at this stage. 2. The petitioner seeks a direction for his promotion before he retires on attaining the age of superannuation with effect from 31st May, 2019 and for this purpose, he further seeks a direction that the sealed cover procedure adopted in his case may be opened and he may be promoted from the date as and when his juniors have been promoted. A direction for the refund of excess amount of Rs. 10,000/- deducted from the petitioner is also sought, besides for the release of full salary for the period from 22nd February, 2008 till 2nd September, 2008. 3. The petitioner joined as Forest Guard in the year 1985. He was transferred to Forest Division, Dharamshala in the year 1988. An inquiry was conducted regarding causing of loss to the State Exchequer to the tune of Rs. 67,39,422, in which there were accusations attributed to the petitioner also. During the pendency of those proceedings, the Departmental Promotion Committee considered the petitioner's claim for promotion as Deputy Ranger. The petitioner was meanwhile held guilty in the Departmental Inquiry on 10th November, 2016 and was asked to deposit a sum of Rs. 1,68,998/-. The petitioner has paid the penalty amount but the sealed cover procedure adopted by the Departmental Promotion Committee has not been opened. Thereafter, the Competent Authority has passed an order on 23rd March, 2018 treating the suspension period of the petitioner as the period spent on duty for all purposes. 4. Since the petitioner is nearing retirement on 31st May, 2019, he has approached Himachal Pradesh State Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) seeking a direction for opening of the sealed cover procedure and consequently, to recommend his name for promotion. 5. The petitioner's case is that the Authorities themselves are also inclined to open the sealed cover and for that purpose, the case has now been forwarded by the Conservator of Forests, Hamirpur Forest Circle to Principal Chief Conservator of Forests (Administration) vide letter No. 10269 dated 26th March, 2019. 6. 5. The petitioner's case is that the Authorities themselves are also inclined to open the sealed cover and for that purpose, the case has now been forwarded by the Conservator of Forests, Hamirpur Forest Circle to Principal Chief Conservator of Forests (Administration) vide letter No. 10269 dated 26th March, 2019. 6. In the light of the above-stated averments but without expressing any views on merits as to whether the petitioner is entitled to seek opening of the sealed cover, the writ petition is disposed of with a direction that if the case of the petitioner has been recommended to Principal Chief Conservator of Forests (Administration) for opening of the sealed cover, let an appropriate decision in that regard be taken on or before 10th May, 2019. If the Competent Authority decides to promote the petitioner, it may do so as early as possible but not later than 20th May, 2019. However, if the Competent Authority decides not to open the sealed cover or not to promote the petitioner, he will be at liberty to approach the learned Tribunal and seek preponement of the next date of hearing. We have no reason to doubt that the learned Tribunal shall consider such a request sympathetically. 7. Pending miscellaneous applications, if any, also stand disposed of accordingly.