AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE order dated 25.1.2001 contained in Annexure -4 issued under the signature of Deputy Chief Personal Manager, Central Coalfields Ltd., is under challenge in this writ application whereby the promotion of the petitioner to the post of Deputy Chief Mining Engineer made on ad hoc basis, i.e., from Grade E -5 to Grade M -1 was withdrawn. During the period from April, 1995 to January, 1986 the petitioner was posted as the Project Officer at Lapanga Colliery. The Central Bureau of Investigation registered a case against the petitioner and others bearing Case No. R.C. -20/87(R). The matter regarding promotion of the petitioner and other eligible persons to M -1 grade were placed before the Departmental Proceeding Committee and then on the recommendation of the Departmental Proceeding Committee, by issue of Annexure -2 dated 10.5.1995 the petitioner was promoted to M -1 grade with the following conditions : - - (i) This promotion is being made oh ad hoc basis and this ad hoc promotion will not confer any right for regulars promotion and the Company reserves the right to cancel this ad hoc promotion and revert them at any time to the post of Supdt. of Mines from which they were posted to E -6 grade as Deputy Chief Mining Engineer on ad hoc basis. (ii) However, their confirmation or otherwise on the said post will be subject to the outcome/decision in the disciplinary case pending against them vide Order No. CIL/Vig/05210/125/ 3054, dated 8.3.1988 and Order No. CIL/Vig/05205/125/3054, dated 8.3.1988 respectively arising out of CBI Case RC -20/87(R). (iii) The aforesaid ad hoc promotion of the above Officers will be effective on and from the date they assume the charge of the said post at the place of posting after the date of issue of this order.
(3.) IT appears that the petitioner was suspended and a charge -sheet was issued against him regarding stock shortage at Lapanga Colliery and a Departmental proceeding was initiated in which the charges against the petitioner was held to be proved by the enquiry officer.;