District Bilaspur vs K.V. Jankiraman &
2021 Latest Caselaw 5086 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 28th DAY OF OCTOBER, 2021




                                                        .
                            BEFORE





                HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
                       CHIEF JUSTICE





                               &
                  HON'BLE MS. JUSTICE SABINA





             CIVIL WRIT PETITION No. 6723 of 2021


     Between:

     SHANKAR     SINGH    THAKUR,  ALIAS

     SHANKAR DASS, AGED 57-1/2 YEARS, S/O
     SHRI GOVIND RAM, RESIDENT OF
     VILLAGE     SAI    NORUWAN,     P.O.
     SHICKROHA, VIA NAMHOL, TEHSIL AND


     DISTRICT BILASPUR, H.P.
                                             ......PETITIONER

     (BY MR. AJAY SHARMA, SENIOR




     ADVOCATE WITH MR. ATHRAV SHARMA,
     ADVOCATE.)





     AND

     HIMACHAL     ROAD      TRANSPORT





     CORPORATION     LTD.,   OLD  BUS
     STAND, SHIMLA-171003, THROUGH ITS
     MANAGING DIRECTOR.
                                            ...RESPONDENT

     (BY     MS.    SHUBH      MAHAJAN,
     ADVOCATE.)
    ____________________________________________________




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                This petition coming on for admission this day,

    Hon'ble Mr. Justice Mohammad Rafiq, passed the following:




                                                              .

                       ORDER

This writ petition has been filed by Shankar Singh

Thakur alias Shankar Dass, praying for a direction to the

respondent-Corporation to promote him as Sub Inspector on

and w.e.f. 31.08.2019, the date on which his immediate junior

was promoted, with all consequential benefits alongwith interest

@ 9% per annum.

2. The learned Counsel for the petitioner invited our

attention to the proceedings of the Review Departmental

Promotion Committee (RDPC), which consisted of Divisional

Manager (Traffic) as its Chairman, Regional Manager (Legal)

and Assistant Controller F&A (Booking), as its Members, held

on 28.01.2020 (Annexure P-1), The Review Committee

recommended the case of the petitioner for promotion to the

post of Sub Inspector from the date on which his immediate

junior was promoted. Earlier on 09.07.2019, the petitioner was

not found fit for promotion as penalty was in operation against

him. Later, he was exonerated of all the charges leveled

against him vide Charge Sheet No. 1261, dated 25.10.2004 and

Penalty Order No. 15851, dated 19.12.2008 were also set

aside. The Review DPC also held that the report submitted by

the Regional Manager, HRTC, Taradevi, in which it had been

.

stated that a criminal case had been filed against the petitioner

before the Court on 28.08.2019, cannot be considered being

extraneous matter because it did not exist at the time of original

DPC.

3. The learned Counsel for the petitioner has placed

reliance on the judgment rendered by the Hon'ble Supreme

Court in Union of India & others versus K.V. Jankiraman &

others, reported in (1991)4 SCC 109, wherein it has been held

that once the Review DPC has recommended the case of an

employee for promotion, the same has to be given effect to.

4. However, learned Counsel for the respondent

seeks time for filing reply to the writ petition, but in our

considered view, it would be just and appropriate, if the

petitioner is granted a liberty to file a representation before the

respondent and the respondent-Corporation takes a final view

on the recommendation of the Review Committee and pass an

appropriate order. Accordingly, we dispose of the writ petition,

requiring the petitioner to file a representation before the

respondent-Managing Director, Himachal Road Transport

Corporation Ltd., alongwith a copy of this order, within a period

of one week from today and directing the said respondent to

decide the same, within a period of 10 days thereafter, in light of

.

the recommendations of the Review DPC.

5. The pending application(s), if any, stands disposed

of.

( Mohammad Rafiq ) Chief Justice

( Sabina ) Judge October 28, 2021 (hemlata)