AMARESHWAR SAHAY,J. - (1.) THIS is the third attempt of the petitioner before this Court for getting promotional relief.
(2.) THE petitioner had moved this Court earlier in C.W.J.C. No. 950 of 1996 (R) praying therein for quashing of the order of punishment, which was imposed on him in a Departmental Proceeding. The said writ application was allowed by this Court by order dated 07/02/1997 and the order of punishment imposed on the petitioner was quashed on the ground that the Disciplinary Authority imposed the punishment on the petitioner for the charge for failure of duties though no such charge was framed against, him in the Departmental Proceeding. The learned Single Judge of this Court by the aforesaid order observed that the petitioner shall be entitled to all consequential benefits including promotion etc. if permissible under the law. A copy of the said order has been annexed as Annexure -2 to this writ application. Thereafter the petitioner made representation for his promotion alongwith the order of this Court. The said representation of the petitioner was rejected by the order dated 06/10/1997, as contained in Annexure -5 to this writ application, only on the ground that if the petitioner was aggrieved by the order of promotion dated 30/04/1997 he may follow the Grievance Procedure of the Company. The petitioner being aggrieved by the said order, again filed a writ application before this Court in C.W.J.C. No. 3219 of 1997 (R), which was disposed of by order dated 09/04/1998 with a direction to the petitioner to file a fresh representation according to the Grievance Procedure of the Company making out a case for his promotion from the year 1989 in view of the order passed in CWJC No. 950/1996 (R). Since the petitioner did not get any relief, he filed Letters Patent Appeal No. 228/1998 (R) against the said order of the learned Single Judge dated 09/04/1998.
(3.) THE Division Bench by judgment dated 02/11/1998 in L.P.A. No. 228/1998 (R) noticed the fact that the appellant's claim for promotion was not considered in the year 1989 because of the Departmental Proceedings. After he was exonerated he was entitled to get his case for promotion considered with effect from the date on which his juniors were promoted with all consequential benefits. The Division Bench by the aforesaid judgment allowed the Letters Patent Appeal, filed by the petitioner, set aside the order dated 09/04/1998 passed by the learned Single Judge in CWJC No. 3219/1997 (R) and the petitioner was given liberty to file a fresh representation seeking promotion to the post of Superintending Engineer and other higher posts at least from the date on which his juniors were promoted with all consequential benefits before the Chairman -cum -Managing Director of the Company and the Chairman -cum -Managing Director of the Company was directed to decide the representation of the petitioner by speaking order within a period of six weeks from the date of receipt of the representation.;