- (1.) The petitioner has fifed the instant writ petition seeking a relief to issue a direction to open the sealed envelope and to give effect to the recommendation of Departmental Promotion Committee by promoting the petitioner as Executive Engineer against the quota of the year 1987-88 with all consequential benefits. If the said relief is not possible to grant to the petitioner then in alternative the respondents may be directed to pay him salary and other emoluments of the post of Executive Engineer for the period he was made to officiate on the post of Executive Engineer.
(2.) The aforesaid relief is being sought by the petitioner on the ground inter-alia that only reason for denying the promotion to the petitioner to the post of Executive Engineer despite he being selected by DPC was that a departmental enquiry was pending against him. According to the petitioner that enquiry has come to an end, therefore, this reason does not survive any more, therefore, promotion cannot be denied to the petitioner by resorting to sealed envelope procedure.
(3.) It is further alleged that the denial of promotion on account of pendency of disciplinary enquiry or imposition of minor punishment amounts to punishing the petitioner twice for his delinquency. According to the petitioner the act of denial of promotion to the petitioner amounts to doubt jeopardy, once by withholding annual grade increments and second time by withholding his promotion on the post of Executive Engineer.;