Notice In The Aforesaid Terms vs Learned Counsel For
2021 Latest Caselaw 1108 HP

CWP No. 852 of 2021-F

.

18.02.2021 Present: Ms. Megha Kapur Gautam, Advocate, for the petitioner.

Mr. Dinesh Thakur & Mr. Nand Lal Thakur, Additional Advocate Generals and Mr. Yudhbir Singh Thakur, Dy.A.G. for respondent No. 1/State.

Mr. Narender Thakur, Advocate, for respondent No. 2

(THROUGH VIDEO CONFERENCING)

CMP No. 1510 of 2021 Allowed and disposed of.

CWP No. 852 of 2021

Notice. Mr. Yudhbir Singh Thakur, learned Deputy

Advocate General and Mr. Narender Thakur, learned Counsel,

appear and accept service of notice for respondents No. 1 and

2, respectively.

Notice to respondents No. 3 and 4 returnable on 15 th

March, 2021, on taking steps by tomorrow.

Reply on behalf of the appearing respondents be filed

within two weeks.

List on 15th March, 2021, before appropriate Bench.

CMP No. 1511 of 2021 Notice in the aforesaid terms.

Learned Counsel for respondent No. 2 submits that

process for promotion to the post of Senior Manager is being

undertaken by the respondent-Bank in accordance with law

and the petitioner is already in zone of consideration as per his

seniority but for pending inquiry against him, his case shall be

considered by adopting the sealed cover process and

appropriate orders shall be passed immediately after the

completion of the inquiry based on the result thereof.

Learned Counsel for the petitioner submits that inquiry

.

against the petitioner, was directed vide order dated

19.10.2020 with direction to the Inquiry Officer to complete

the inquiry proceeding within three months from the date of

issuance of the order and, therefore, she prays for direction to

complete the inquiry in a time bound manner, at least, now.

r to Learned Counsel for the petitioner has also relied upon the

judgment passed by the apex Court in State of Punjab

others vs. Chaman Lal Goyal, (1995) 2 SCC 570 for pressing &

prayer of the petitioner to consider his candidature

irrespective of the pendency of the inquiry.

Learned Counsel for respondent No. 2 submits that

process of inquiry proceedings was earlier hampered for the

reason that the Inquiry Officer was found Corona Positive and

thereafter the petitioner was found Corona Positive and now

every endeavour shall be made to complete the inquiry at the

earliest.

In view of the above and also keeping in view the

pronouncement of the judgment of the apex Court, no other

and further order is required to be passed except that it is

expected from the respondent/Bank that it will adopt

procedure for undertaking exercise for promotion to the post

in question in accordance with law as submitted by the learned

Counsel on its behalf and the inquiry shall be completed at the

earliest and latest by 30th April, 2021.

Application stands disposed of in the aforesaid terms.

Parties may produce the downloaded copy of the order

.

passed by the Court before the Authorities concerned if

required and the concerned Authority shall not insist for the

certified copy of the order, rather passing of the order can be

verified from the web-page of this Court.

    February 18, 2021                         (Vivek Singh Thakur),
    (PK)                                         Vacation Judge.