A.P. Bhattacharya, J. - (1.) This application under Sec. 19 of the Administrative Tribunals Act, 1985, has been filed by Shri Dwijendra Lal Chakladar against the Union of India, represented by the General Manager, N.F.Railway and two others.
(2.) The applicant was appointed as a Ticket Collector on 25.1.58 in the Katihar Division of the N.F.Railway and was posted at Siliguri Junction. Afterwards he was promoted to the post of Travelling Ticket Examiner (T.T.E.). For promotion to the post of Head T.T.E. a Written test and a viva -voice test were held on 30.8.86 and 9.1.87 respectively. The applicant along with others appeared in the said tests and he came out successful. By an order issued by the Divisional Railway Manager (P), Katihar on 31.3.87 a panel was published in which the names of persons eligible for promotion to the post of Head T. T.E. were shown. In the panel the applicant's name did not appear although the names of his juniors appeared. The applicant challenges that action of the respondents. It is his case that in July 1986 a charge -sheet was issued against him which was kept pending for a long time. According to him, when the concerned authority had not proceeded with the enquiry after issuing the charge -sheet it should be deemed to have been dropped, and on its basis his promotion could be withheld lawfully. The applicant submitted several representations but to no effect. Hence, in filing the application he has prayed for setting aside the order of promotion dated 9.4.87 in which he was left out and for issuing direction upon the respondents so that they may promote him to the post of Head T. T.E. with effect from 9.4.87.
(3.) The application has been contested by the respondents. In the reply filed by the respondents the fact as stated in the application that the applicant had come out successful both in the written and oral tests for promotion to the post of Head T. T.E. is admitted. But it is their case that as a major penalty charge -sheet was issued against the applicant in July 1986 and the enquiry initiated on its basis has not yet been completed the applicant cannot demand any promotion. According to the respondents, the promotion of the applicant was not given because of the pendency the departmental enquiry.;