M.Y.EQBAL, J. - (1.) HEARD the counsel for the parties.
(2.) THE petitioner is aggrieved by the office order dated 18.1.2001 issued by the respondents whereby the petitioner has been given promotion from E4 to E5 with effect from 30.8.2000 instead of 30.9.99 when other similarly situated employees of the respondent have been given promotion. It appears that the meeting of the Departmental Promotion Committee was held in July, 1999 for the purpose of cluster promotion from E4 to E5. By office order dated 8.10.99 many similarly situated officers have been given promotion with effect from 30.9.99 whereas the case of the petitioner was not considered in contemplation of a departmental proceeding. However, on 10.11.99 a charge - sheet was served on the petitioner and on a departmental enquiry punishment of censure was inflicted upon him by office order dated 20.6.2000. Inspite of the same the respondents issued office order dated 18.1.2001 by which the petitioner was promoted from E4 to E5 but the said promotion was given effect to from 30.8.2000. 1991 JT 498.
(3.) MR . M.M. Banerjee, learned Advocate General appearing on behalf of the respondents has not disputed the proposition of law that a departmental proceeding commences when charge -sheet is served on the employee. However, Mr. Banerjee submitted that in terms of Rules of Coal India an Officer cannot be considered for promotion even if there is contemplation of a departmental proceeding against him. In this connection, he has drawn my attention to Annexure B to the counter affidavit. Clause (b) of the said Annexure B, which is an office memorandum, reads as under : - - "(b) An executive who has been placed under suspension pending enquiry and/or against whom departmental/vigilance proceedings are pending, will be promoted, if selected and placed in the select list by a DPC, only after completion of the departmental proceeding.";