Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
WPSB 360/2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
None for the petitioner. Mr. V.K. Kohli, Senior Advocate, for the respondents. (2) This writ petition was filed in 2019 seeking the following reliefs:
“i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned memorandum (Charge Sheet) dated 16.12.2015 issued by the respondent no.5 (Disciplinary Authority) (contained as Annexure No.10 to this writ petition) and entire disciplinary proceedings pending against the petitioner, under BHEL Conduct, Discipline & Appeal Rules, 1975. ii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent nos. 2, 5 and 6 to produce entire original record before this Hon’ble Court pertaining to the disciplinary proceedings pending against the petitioner under BHEL Conduct, Discipline & Appeal Rules, 1975, in pursuance to the impugned memorandum (charge sheet) dated 16.12.2015 issued by the respondent no. 5. iii) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent nos. 1, 3 and 4 to consider the candidature of petitioner for promotion in Supervisory Grade (S-3) from the date of 25.06.2016 (when the petitioner completed 4 years on his present post in Grade S-2) as per the
“Guidelines for promotion in respect of employees in Workmen and Supervisory Grade” of B.H.E.L. along with all consequential benefits as applicable on the promotional post from the said date i.e. 25.06.2016.”
(3) Mr. V.K. Kohli, learned Senior Counsel appearing for the BHEL, submits that writ petition has become infructuous in view of subsequent developments. He submits that in the disciplinary enquiry, petitioner has been exonerated; petitioner has also been promoted as Assistant Officer Grade-I on 25.6.2012 and thereafter he has also been promoted from SB-2 to SB-3 w.e.f.
25.6.2016. He refers to the pleadings made in para 2 to 6 of I.A. No. 14016/2025, supported by an affidavit filed by Augustin Xaxa, General Manager (HR), which are extracted below:
“2. That the petitioner has been exonerated by the competent authority on 30.12.2019. Thus, the said relief has now become redundant. 3. So far second relief is concerned, it was prayed that necessary directions be issued to the respondent to consider the candidature of the petitioner for promotion in supervisory grades from 25.06.2016. 4. That the petitioner was promoted to the post of Asst.
Officer Grade-1 (SB-2) on 25.06.2012. 5. That the petitioner was due for promotion from SB-2 to SB-3 with effect from 26.06.2016. Due to pendency of disciplinary case, the recommendation of the committee was kept in sealed cover for the years 2016, 2017, 2018 and 2019. 6. That after opening of the seal cover the petitioner was promoted, from Assistant Officer Grade-1 (SB-2) to Deputy Officer (SB-3) with effect from 26.06.2016 and an order to this effect has already been issued on 03.01.2020.” (4) In view of the averments made by BHEL in the aforesaid application, we are satisfied that the reliefs as claimed in the writ petition do not survive any longer. In such view of the matter, writ petition is dismissed as infructuous. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
02.06.2025 Pr