IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 204 CWP-27406-2016 (O&M) Decided on : 03.09.2025 SATISH KUMAR . .Petitioner Versus UNION OF INDIA AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Mr. Rishav Sharma, Advocate for the petitioner. Mr. Arvind Moudgil, Senior Panel Counsel for the respondents-UOI. (appears through virtual mode). **** HARSIMRAN SINGH SETHI , J. (Oral) 1. In the present petition, the challenge is to the impugned order dated 08.04.2016 (Annexure P-3) passed by respondent No. 8- Central Administrative Tribunal, Chandigarh Bench (herein after referred to ‘the Tribunal’) by which, the claim of the petitioner that he is entitled for promotion to the post of Civilian Motor Driver-II from Civilian Motor Driver (Ord. Gde.) w.e.f. 10.10.2007 i.e. the date when employee junior to the petitioners were promoted as Civilian Motor Driver-II, has been declined. 2. Learned counsel for the petitioner submits that on 10.10.2007 RIYA 2025.09.08 17:05 I attest to the accuracy and integrity of this document CWP-27406-2016 (O&M) -2- when the promotion of the employees to the post of Civilian Motor Driver-II from Civilian Motor Driver (Ord. Gde.) was considered by the authorities concerned, the claim of the petitioner for promotion to the post of Civilian Motor Driver-II was not considered by the authorities concerned on the ground that disciplinary proceedings were pending against the petitioner, upon allegations of indiscipline created by petitioner on 03.08.2007 but as of now, the disciplinary proceedings initiated against the petitioner have been dropped out by the respondents, and hence, the petitioner becomes entitled for the retrospective consideration of his claim for the promotion to the post of Civilian Motor Driver-II, which benefit was not granted to the petitioner and ultimately even the Tribunal declined the said claim of the petitioner on the ground that non-consideration of the claim of the petitioner for promotion to Civilian Motor Driver-II at the relevant time was due to the persistence of departmental enquiry initiated against the petitioner. 3. Learned counsel for the petitioner further submits that the Tribunal ignored the fact that once, the disciplinary proceedings initiated against the petitioner were consequently dropped out, the respondents were under an obligation to consider the claim of the petitioner for the promotion to the post of Civilian Motor Driver-II w.e.f. 10.10.2007 i.e. the date when the employee junior to the petitioner were promoted as, the petitioner stood exonerated of the allegations alleged against him and mere alleging allegations against the petitioner cannot cause him prejudice so as to deny him the promotion to Civilian Motor Driver-II from the due date when his juniors were promoted. 4 Learned counsel for the respondents submits that the claim of RIYA 2025.09.08 17:05 I attest to the accuracy and integrity of this document CWP-27406-2016 (O&M) -3- the petitioner will be considered for promotion to the post of Civilian Motor Driver-II w.e.f. 10.10.2007 on the basis of service record of the petitioner and in case, he is found fit for promotion as per his service record, the benefit of promotion to the post of Civilian Motor Driver-II will be granted to the petitioner otherwise, due reason for not accepting the claim of the petitioner will be conveyed to the petitioner for his information. 5. Learned counsel for the petitioner submits that in view of the statement made by learned counsel for the respondents recorded herein above, the present petition may kindly be disposed of having been not pressed any further and the petitioner will be satisfied, at this stage, in case a direction is issued to the respondents to decide the same by passing an appropriate speaking order in a time bound manner, so that the petitioner does not suffer any prejudice. 6. Keeping in view the above and as undertaken by the learned counsel for the respondents herein above, the respondents are directed to consider the claim of the petitioner for the promotion to the post of Civilian Motor Driver-II w.e.f. 10.10.2007 i.e. the date when employee junior to petitioner were promoted, by passing an appropriate speaking order within the period of eight weeks from the date of receipt of copy of this order. 7. It is further clear that in case, the petitioner is found entitled for further promotion to the post of Civilian Motor Driver-I w.e.f. the date junior was promoted keeping in view the fact that as of now, employee junior to him are further promoted to the post of Civilian Motor Driver-I then the claim of the petitioner for the promotion to such post be also considered by the authorities concerned. RIYA 2025.09.08 17:05 I attest to the accuracy and integrity of this document CWP-27406-2016 (O&M) -4- 8. The present petition is disposed of in above terms. 9. Pending civil miscellaneous application, if any, stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 03.09.2025 Riya Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RIYA 2025.09.08 17:05 I attest to the accuracy and integrity of this document