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2026 DAILYLAW 23579 (PNJ)

RAMESH SINGH AHLAWAT v. STATE OF HARYANA

CWP/17260/2026 · 2026-05-27

Tribhuvan Dahiya

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Judgment text

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CWP-17260-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA 127 Ramesh Singh Ahlawat State of Haryana and others CORAM: HON'BLE MR. JUSTICE Present:- Mr. Gaurav Tyagi, Mr. Aakash Singla, Additional Advocate General, Haryana TRIBHUVAN DAHIYA The directing the respondents to consider and promote the petitioner to the post of Principal/Deputy Director in Group 06.10.2023, the date 06.10.2023, Annexure P 2. Learned counsel submitted that the petitioner is working as Associate Professor (Economics) and is placed promotion, whereas his junior promoted to the post of Principal vide office order dated 06.10.2023. There is no reason for 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Ramesh Singh Ahlawat Versus State of Haryana and others CORAM: HON'BLE MR. JUSTICE TRIBHUVAN Mr. Gaurav Tyagi, Advocate for the petitioner Mr. Aakash Singla, Additional Advocate General, Haryana TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed inter alia directing the respondents to consider and promote the petitioner to the post of Principal/Deputy Director in Group-A (College cadre) 06.10.2023, the date on which his junior has been promoted vide order dated 06.10.2023, Annexure P-1. Learned counsel submitted that the petitioner is working as Associate Professor (Economics) at Government College placed at seniority no.1834. He has not been considered promotion, whereas his junior, placed at seniority promoted to the post of Principal vide office order dated 06.10.2023. There is no reason for denying him consideration especially -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17260-2026 Date of Decision:27.05.2026 …Petitioner(s) …Respondent(s) TRIBHUVAN DAHIYA Advocate for the petitioner Mr. Aakash Singla, Additional Advocate General, Haryana inter alia seeking a writ of mandamus directing the respondents to consider and promote the petitioner to the post of (College cadre) with effect from his junior has been promoted vide order dated Learned counsel submitted that the petitioner is working as at Government College, Nigdhu, Karnal, 1834. He has not been considered for further placed at seniority no.1834 (A), has been promoted to the post of Principal vide office order dated 06.10.2023. There is consideration especially because on the date his - mandamus directing the respondents to consider and promote the petitioner to the post of with effect from his junior has been promoted vide order dated Learned counsel submitted that the petitioner is working as , Nigdhu, Karnal, for further has been promoted to the post of Principal vide office order dated 06.10.2023. There is on the date his JASPREET KAUR 2026.06.04 14:12 I attest to the accuracy and integrity of this document Chandigarh CWP-17260-2026 junior was promoted A reference has been made to file notings that the post Confidential Reports (ACRs) 3. Learned State counsel, appearing on advance notice, however submitted that a detailed speaking order dated been passed by the Department rejecting the petitioner’s representation seeking promotion to the post of Principal/Deputy Director. of the fact that apart from dated 27.04.2022 and 13.09.2023 based upon finding charge-sheeted vide memo dated challenged by him before this Court by filing a petition, CWP was dismissed vide order dated 01.12.2025, Annexure P the same was also dismissed by the Division Bench vide order dated 19.02.2026, passed in be considered for promotion. 4. C this Court is not inclined to entertain the petition. The petitioner’s representation respondents vide speaking order dated 01.02.2024 order reads as under: record, it has been observed that at the time of promotio 2026 junior was promoted, no disciplinary proceedings reference has been made to file notings, Annexures P that the post was kept reserved due to non Confidential Reports (ACRs) with the Department. Learned State counsel, appearing on advance notice, however ubmitted that a detailed speaking order dated been passed by the Department rejecting the petitioner’s representation seeking promotion to the post of Principal/Deputy Director. of the fact that apart from the four FIRs, complaints of sexual harassment 27.04.2022 and 13.09.2023 were also pending against him based upon findings of the Internal Complaints Committee, the petitioner was sheeted vide memo dated 13.10.2025, Annexure P challenged by him before this Court by filing a petition, CWP was dismissed vide order dated 01.12.2025, Annexure P the same was also dismissed by the Division Bench vide order dated passed in LPA-474-2026. Therefore be considered for promotion. Considering the submissions, as also the facts aforementioned, this Court is not inclined to entertain the petition. The petitioner’s seeking promotion was duly considered and rejected by the respondents vide speaking order dated 01.02.2024 order reads as under: After going through the facts of the case and other relevant record, it has been observed that at the time of promotio -2- no disciplinary proceedings were pending against him. , Annexures P-3 and P-4, indicating reserved due to non-availability of his Annual the Department. Learned State counsel, appearing on advance notice, however ubmitted that a detailed speaking order dated 01.02.2024, Annexure P-6, has been passed by the Department rejecting the petitioner’s representation seeking promotion to the post of Principal/Deputy Director. It was on account complaints of sexual harassment were also pending against him. Further, of the Internal Complaints Committee, the petitioner was 13.10.2025, Annexure P-11, which was challenged by him before this Court by filing a petition, CWP-34130-2025. It was dismissed vide order dated 01.12.2025, Annexure P-12; appeal against the same was also dismissed by the Division Bench vide order dated . Therefore, the petitioner has no right to onsidering the submissions, as also the facts aforementioned, this Court is not inclined to entertain the petition. The petitioner’s was duly considered and rejected by the respondents vide speaking order dated 01.02.2024. Relevant extract of the After going through the facts of the case and other relevant record, it has been observed that at the time of promotion to the - . indicating Annual Learned State counsel, appearing on advance notice, however 6, has been passed by the Department rejecting the petitioner’s representation It was on account complaints of sexual harassment Further, of the Internal Complaints Committee, the petitioner was which was It appeal against the same was also dismissed by the Division Bench vide order dated the petitioner has no right to onsidering the submissions, as also the facts aforementioned, this Court is not inclined to entertain the petition. The petitioner’s was duly considered and rejected by the of the After going through the facts of the case and other relevant n to the JASPREET KAUR 2026.06.04 14:12 I attest to the accuracy and integrity of this document Chandigarh CWP-17260-2026 post of Principal the ACRs of concerned was not available and as per Govt. Instruction 70% ACR is required for promotion with other accused of Sexual Offences and eventually have been named FIR No. 396 of 2012 P.S Civil Line Karnal, FIR No. 521 of 2013 P.S City Karnal and FIR No. 393 of 2015 P.S City Karnal. It is also pertinent to mention here that FIR No. 129 of 2015 P.S. Madhuban Karnal has also been registered Under Section 148, 149, basis of inquiries were initiated against the delinquent and punishment orders have also been passed. Wherein two annual increment in each charge above two orders, one punishment order has been stayed by Hon'ble Punjab & Haryana High Court in CWP titled as Ambala Cantt. has also forwarded a complaint vide letter dated 27.04.2022 against the petitioner prior to the date of promotion of junior wherein serious allegations regarding Sexual harassment at workplace have also been leveled by girls stude Complaint Committee of Govt. College, Ambala Cantt. has also sent his recommendation dated 23.04.2022 and conclusion thereof is reproduced as under: 1. 2026 post of Principal the ACRs of concerned was not available and as per Govt. Instruction 70% ACR is required for promotion with other eligibility conditions. Sh. Ramesh Kumar Ahlawat has been accused of Sexual Offences and eventually have been named FIR No. 396 of 2012 P.S Civil Line Karnal, FIR No. 521 of 2013 P.S City Karnal and FIR No. 393 of 2015 P.S City Karnal. It is also pertinent to mention here that FIR No. 129 of 2015 P.S. Madhuban Karnal has also been registered Under Section 148, 149, 323, 325, 506, 355, 342 IPC against the petitioner. On the basis of aforementioned registered FIRs two departmental inquiries were initiated against the delinquent and punishment orders have also been passed. Wherein two annual increment in each charge-sheet were stopped with cumulative effect. Out of above two orders, one punishment order has been stayed by Hon'ble Punjab & Haryana High Court in CWP titled as Ramesh Singh Ahlawat v. Subsequently the then Principal, Govt. P. Ambala Cantt. has also forwarded a complaint vide letter dated 27.04.2022 against the petitioner prior to the date of promotion of junior wherein serious allegations regarding Sexual harassment at workplace have also been leveled by girls stude Complaint Committee of Govt. College, Ambala Cantt. has also sent his recommendation dated 23.04.2022 and conclusion thereof is reproduced as under:- 1. In consonance with the provisions mentioned in the PoSH Act, 2013 which has been impleme women from sexual harassment at the workplace and thereby ensure a safe working environment for women the committee is of unanimous opinion and disciplinary action may be initiated by the government agains Mr. Ramesh Singh Ahlawat, Associate Professor in -3- post of Principal the ACRs of concerned was not available and as per Govt. Instruction 70% ACR is required for promotion with ligibility conditions. Sh. Ramesh Kumar Ahlawat has been accused of Sexual Offences and eventually have been named in FIR No. 396 of 2012 P.S Civil Line Karnal, FIR No. 521 of 2013 P.S City Karnal and FIR No. 393 of 2015 P.S City Karnal. It is also pertinent to mention here that FIR No. 129 of 2015 P.S. Madhuban Karnal has also been registered Under Section 148, 323, 325, 506, 355, 342 IPC against the petitioner. On the aforementioned registered FIRs two departmental inquiries were initiated against the delinquent and punishment orders have also been passed. Wherein two annual increment in et were stopped with cumulative effect. Out of above two orders, one punishment order has been stayed by Hon'ble Punjab & Haryana High Court in CWP-12027 of 2020 v. State of Haryana. Subsequently the then Principal, Govt. P.G. College, Ambala Cantt. has also forwarded a complaint vide letter dated 27.04.2022 against the petitioner prior to the date of promotion of junior wherein serious allegations regarding Sexual harassment at workplace have also been leveled by girls students. The Internal Complaint Committee of Govt. College, Ambala Cantt. has also sent his recommendation dated 23.04.2022 and conclusion In consonance with the provisions mentioned in the PoSH Act, 2013 which has been implemented to prevent and protect women from sexual harassment at the workplace and thereby ensure a safe working environment for women the committee is of unanimous opinion and recommends that strong disciplinary action may be initiated by the government against Mr. Ramesh Singh Ahlawat, Associate Professor in - post of Principal the ACRs of concerned was not available and as per Govt. Instruction 70% ACR is required for promotion with ligibility conditions. Sh. Ramesh Kumar Ahlawat has been in FIR No. 396 of 2012 P.S Civil Line Karnal, FIR No. 521 of 2013 P.S City Karnal and FIR No. 393 of 2015 P.S City Karnal. It is also pertinent to mention here that FIR No. 129 of 2015 P.S. Madhuban Karnal has also been registered Under Section 148, 323, 325, 506, 355, 342 IPC against the petitioner. On the aforementioned registered FIRs two departmental inquiries were initiated against the delinquent and punishment orders have also been passed. Wherein two annual increment in et were stopped with cumulative effect. Out of above two orders, one punishment order has been stayed by 12027 of 2020 G. College, Ambala Cantt. has also forwarded a complaint vide letter dated 27.04.2022 against the petitioner prior to the date of promotion of junior wherein serious allegations regarding Sexual harassment at nts. The Internal Complaint Committee of Govt. College, Ambala Cantt. has also sent his recommendation dated 23.04.2022 and conclusion In consonance with the provisions mentioned in the PoSH nted to prevent and protect women from sexual harassment at the workplace and thereby ensure a safe working environment for women the committee recommends that strong t Mr. Ramesh Singh Ahlawat, Associate Professor in JASPREET KAUR 2026.06.04 14:12 I attest to the accuracy and integrity of this document Chandigarh CWP-17260-2026 serious misconduct like sexua preview of moral turpitude which is defined by Hon'ble Supreme Court in Banaras 4GS 2(a)(IV) preliminary investigation of the complaint, a actionable material under rule 7 and 8 of the P other relevant punishment rules applicable to the official/officer concerned has been brought out and it is against him under the above, promoted petitioner can not be entertained for promotion at this stage and after completion of proceedings of aforementioned complaints against the delinquent, the decision will be taken accordingly. 5. It is not in dispute harassment against the petitioner dated 13.09.2023, a chargesheet has been issued against him vide memo dated 13.10.2025, and disciplinary proceedings are going on. The order not to consider him for promotion was passed prior thereto but never challenged, though the chargesheet was 2026 Economics as such incidents tarnish the image of institution and teaching fraternity. ... It is further stated that another complaint dated 13.09.2023 was received from Principal Govt. College, Ambala before the promotion date of junior of the petitioner alleging that delinquent misbehaved with him and warned him in loud tone “you wait and watch I will see you The act and conduct of the delinquent being involved in serious misconduct like sexual offences comes with in the preview of moral turpitude which is defined by Hon'ble Supreme Court in Balaswar Singh Vs. District Magistrate and Collector Banaras case. It is also mentioned that as per Govt. instruction No. 1497 GS-62/4059 dated 13-02-1962 there is the following provision (a)(IV) where a prima facie case has been established preliminary investigation of the complaint, a actionable material under rule 7 and 8 of the Punishment and Appeal Rules, or any other relevant punishment rules applicable to the official/officer concerned has been brought out and it is against him under the above, mentioned promoted. In the light of above mentioned circumstances, the case of petitioner can not be entertained for promotion at this stage and after completion of proceedings of aforementioned complaints against the delinquent, the decision will be taken accordingly. It is not in dispute that pursuant to the last complaint harassment against the petitioner dated 13.09.2023, a chargesheet has been against him vide memo dated 13.10.2025, and disciplinary proceedings The order not to consider him for promotion was passed prior thereto but never challenged, though the chargesheet was -4- Economics as such incidents tarnish the image of institution It is further stated that another complaint dated 13.09.2023 was received from Principal Govt. College, Ambala Cantt e of junior of the petitioner alleging that delinquent misbehaved with him and warned him in loud you wait and watch I will see you”. The act and conduct of the delinquent being involved in l offences comes with in the preview of moral turpitude which is defined by Hon'ble Supreme District Magistrate and Collector It is also mentioned that as per Govt. instruction No. 1497- 2 there is the following provision case has been established i.e. on a preliminary investigation of the complaint, a actionable material nishment and Appeal Rules, or any other relevant punishment rules applicable to the official/officer concerned has been brought out and it is intended to take action mentioned rules, he should not be above mentioned circumstances, the case of petitioner can not be entertained for promotion at this stage and after completion of proceedings of aforementioned complaints against the delinquent, the decision will be taken accordingly. that pursuant to the last complaint of sexual harassment against the petitioner dated 13.09.2023, a chargesheet has been against him vide memo dated 13.10.2025, and disciplinary proceedings The order not to consider him for promotion, dated 01.02.2024, was passed prior thereto but never challenged, though the chargesheet was - Economics as such incidents tarnish the image of institution It is further stated that another complaint dated 13.09.2023 Cantt e of junior of the petitioner alleging that delinquent misbehaved with him and warned him in loud The act and conduct of the delinquent being involved in l offences comes with in the preview of moral turpitude which is defined by Hon'ble Supreme District Magistrate and Collector - 2 there is the following provision e. on a preliminary investigation of the complaint, a actionable material nishment and Appeal Rules, or any other relevant punishment rules applicable to the official/officer ntended to take action rules, he should not be above mentioned circumstances, the case of petitioner can not be entertained for promotion at this stage and after completion of proceedings of aforementioned complaints of sexual harassment against the petitioner dated 13.09.2023, a chargesheet has been against him vide memo dated 13.10.2025, and disciplinary proceedings , was passed prior thereto but never challenged, though the chargesheet was JASPREET KAUR 2026.06.04 14:12 I attest to the accuracy and integrity of this document Chandigarh CWP-17260-2026 challenged by filing a petition which was dismissed on 01.12.2025 order itself records completion of departmental/disciplinary proceedings against him. 6. In view thereof, petition stands dis 27.05.2026 Payal 2026 challenged by filing a petition which was dismissed on 01.12.2025 order itself records that the petitioner can be considered for promotion after completion of departmental/disciplinary proceedings against him. In view thereof, no direction is required to be issued and petition stands disposed of. Whether speaking/reasoned Whether reportable -5- challenged by filing a petition which was dismissed on 01.12.2025. Also, the that the petitioner can be considered for promotion after completion of departmental/disciplinary proceedings against him. no direction is required to be issued and the (TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No - the that the petitioner can be considered for promotion after the ) JASPREET KAUR 2026.06.04 14:12 I attest to the accuracy and integrity of this document Chandigarh