Susanta Chatterji, J. - (1.) The present writ petition was filed for a Writ of Mandamus to command the Respondent No. 2 to 5 to give immediate effect of the Office Order bearing No. 217/1991 -SI dated 26/12/1991 issued in respect of the promotion of the Petitioner to the post of Deputy Manager (Q.C.) with effect from 31/12/1991 and other consequential relief. It has been stated in details that the petitioner was appointed as Fumigation Assistant of Food Corporation of India on 15/11/1960 and thereafter promoted as Quality Inspector on December, 1964 and subsequently he was promoted to the post of Assistant Manager (Quality Control) on 9.12.1971.
(2.) It has been placed on record that during the tenure of petitioner's service in the Food Corporation of India, there was no adverse remarks from his superior and/or Controlling Authority. He was, however, promoted to the post of Deputy Manager (Q.C.) by the Executive Director (Pers) i.e. the respondent No. 3. He was not permitted to join at the office at 10, Middleton Row, Calcutta by the respondent No. 4. The petitioner alleges that the acts done or caused to be done by the respondent No. 4 are arbitrary, discriminatory and illegal and he was compelled to move the Writ Court to seek reliefs.
(3.) An Affidavit -in -Opposition was filed disputing, inter alia, that the office order dated 26/12/1991 issued from the Head Quarter at New Delhi was a provisional order for promotion of the persons named therein subject to the condition that no vigilance case is either pending or contemplated against the persons named thereto. Accordingly, the order for promotion was not to be served upon him for the purpose of giving effect to the same until clearance was obtained from the concerned Vigilance Department. The respondent No. 4 has stated that on receipt of the promotion order of the writ petitioner from the Head Quarters of FCI, the Personnel Division of the office requested the Manager (Vigilance) of the Zonal office Calcutta to intimate whether, any Vigilance case is pending/contemplated against the petitioner as well as another officer of the East Zone who was included in the promotion order mentioned above. The Vigilance Division by their Inter Office note dated 31st December, 1991 intimated that there is a Vigilance case under contemplation against the petitioner. When this information was brought to the notice of the respondent No. 4, he immediately checked up as to the stage at which the Vigilance case was contemplated against the petitioner and was confirmed by the Manager (Vigilance) that charge sheets are under preparation and he recorded an order in the concerned file that since the Manager (Vigilance) had confirmed that charge sheets are under preparation, the order of promotion need not be served.;