BIKASH PAUL CHOUDHURY, SUPERINTENDING ENGINEER (PHE), OFFICE OF Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the findings/proceedings of the Review Departmental Promotion Committee (for short 'DPC ') held on 26.09.2012, which was communicated to the petitioner vide letter dated 07.12.2012 (Annexure -6 to the writ petition). This is the fourth time the petitioner is knocking the door of the temple of justice for the same subject matter i.e. denial of promotion to the petitioner to the post of Executive Engineer basing on the adverse entries in his ACRs, which were not communicated to the petitioner. The earlier writ petitions were in respect of the adverse entries in the ACRs of the petitioner for the years 1993 and 1994, which had been later on expunged by the competent authority. The present case relates with the adverse entry in the ACR of the petitioner for the year 1991, which was not communicated to the petitioner and also the said ACR of the petitioner for the year 1991 which contained un -communicated adverse entry had been considered or used by the Review DPC held on 26.09.2012 (matter in issue in the present writ petition).

(2.) HEARD Mr. M Chanda, learned counsel for the petitioner and Mr. S Sen Gupta, learned GA appearing for the respondents.

(3.) IT appears that pursuant to the order and directions of the Court dated 02.09.2009 passed in WP(C)No.229(SH)2004, there was a Review DPC held on 12.03.2010. It appears from the record that in the said Review DPC i.e. 12.03.2010, the adverse entries in the ACRs of the petitioner for the years 1993 and 1994 had been considered inspite of the fact that the adverse entries in the said years i.e. for the years 1993 and 1994 had been expunged later on. Because of the said mistake in the said Review DPC, the petitioner was not recommended for promotion to the post of Executive Engineer for the years 1995 and1996, but the petitioner was recommended for promotion to the post of Executive Engineer for the year 1997 w.e.f. 04.02.1997. Pursuant to the said recommendation of the Review DPC for promoting the petitioner to the post of Executive Engineer for the year 1997 w.e.f. 04.02.1997, the petitioner had been promoted to the post of Engineer vide Notification dated 03.06.2010 w.e.f. 04.02.1997. The petitioner being aggrieved by the said portion of the said Review DPC held on 12.03.2010 for non -considering the petitioner for promotion to the post of Executive Engineer in the years 1995 and 1996 basing on the original ACRs of the years 1993 and 1994 which contained the adverse entries, even if the adverse entries had been expunged, filed writ petition i.e. WP(C)No.(SH)242 of 2010. The Court again vide judgment and order dated 25.10.2011, had allowed the writ petition with a directions to the respondents to consider the case of the petitioner for promotion to the post of Executive Engineer for the years 1995 and 1996 basing on the corrected ACRs of the petitioner for the years 1993 and 1994 inasmuch as, the adverse entries in the said two years had already been corrected by expunging the adverse entries.