M.Y.EQBAL, J. - (1.) THE petitioner has challenged the office order as contained in letter dated 26.3.2001 issued by respondent No. 2. General Manager (P&A). CMPDI whereby petitioners upgradation given vide order dated 7.2.2001 from E -5 to M -1 grade has been withdrawn and further for a direction upon the respondents restraining them from giving effect to the said order.
(2.) THE petitioner was working as Engineer in CMPDI. In 1993 he was given promotion in E -5 grade. When the petitioner was posted as Superintending Engineer (Civil), Dhanbad in 1998 he was served with a show -cause notice and after inquiry respondent No. 3. Chief Personnel Officer (EE) CMPDI passed an order on 6.8.99 imposing punishment of withholding of promotion for a period of one year. However, pursuant to an agreement reached between the Management and the Association on 15.9.2000 the respondents agreed for upgradation of posts for promotion of eligible persons who have five years experience in E -3 grade and 7 years experience in E -5 grade. It is contended by the petitioner that in pursuance of that agreement the petitioner along with others were upgraded vide order dated 21.02.2001 in M -1 grade. The petitioner, accordingly, submitted his joining on 21.02.2001 but all of a sudden the respondents have withdrawn the promotion/upgradation order dated 21.2.2001 vide impugned order dated 26.3.2001. The respondent -CMPDI, in their counter affidavit, have stated that by order dated 6.8.99 order of punishment of withholding promotion for a period of one year from the date it is due, was passed against the petitioner. However, by order dated 7.2.2001 the petitioner was promoted in M -1 grade but when it was detected that the petitioner was awarded punishment, as aforesaid, the said promotion order was withdrawn.
(3.) I have heard Mr. A.K. Sinha, learned Senior Counsel appearing on behalf of the petitioner arid Mr. K.B. Sinha, learned Senior Counsel appearing on behalf of the respondents. The order imposing punishment of withholding promotion for one year from the date it is due, has not been denied or disputed by the petitioner. In para 12 of the writ application petitioners case is that on 15.9.2000 the Management entered into an agreement with the Union for upgradation of posts and for promotion of eligible persons who have completed five years in E -3 grade on 30.9.99 and seven years in E -5 grade on 31.3.2000. Admittedly the petitioner was given promotion in E -5 grade in the year 1993. The petitioner completed seven years in E -5 grade on 31.3.2000 and, therefore, he was given promotion in M -1 grade without taking notice of the tact that petitioners promotion was withheld for one year from the date it became due.;