IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109 CWP-21237-2026 Date of decision : 15.07.2026 Harish Chander Gandhi ….Petitioner V/S Punjab State Power Corporation Limited and others ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Ramneek Singh Baweja, Advocate for the petitioner. Mr. Akash Vashisth, Advocate for the respondents. **** NAMIT KUMAR , J. (ORAL) 1. The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus directing the respondents to promote the petitioner as Deputy Chief Accounts Officer w.e.f. 28.06.2019, i.e., the date from which his junior, namely Sh. Chander Mohan, was promoted, with all consequential benefits with interest @ 18% per annum. 2. The brief facts of the case, as have been pleaded in the petition, are that the petitioner joined the services of erstwhile Punjab State Electricity Board now Punjab State Power Corporation Limited (for short ‘the Corporation) on 12.03.1997 as Upper Division Clerk (UDC). Subsequently, after qualifying the examination of C.A., he was promoted as SAS Accountant on 19.07.1999. He was further promoted to the post of Accounts Officer (own scale) in December, 2009; to the post of Accounts Officer on regular basis w.e.f. 20.12.2011; and to the post of Senior Accounts Officer w.e.f. 20.12.2015, vide order dated VINOD KOTHIYAL 2026.07.20 15:10 I attest to the accuracy and authenticity of this document CWP-21237-2026 2 11.01.2016 (Annexure P-1). The petitioner has attached 02 seniority lists dated 29.08.2014 & 31.07.2023 (Annexures P-2 & P-3) of Accounts Officer, however, the seniority list of Senior Accounts Officer has not been annexed with the petition. It has further been stated that the person junior to the petitioner, namely Sh. Chander Mohan, has been promoted to the post of Deputy Chief Accounts Officer, vide order dated 28.06.2019 (Annexure P-4) and the promotion of the petitioner was deferred by the D.P.C. held on 06.09.2018 and his case was kept in a sealed cover on account of registration of a criminal case against him arising out of FIR No.64 dated 24.08.2018 under Sections 354, 354-A, 354-D, 341, 506 & 509 of IPC registered at Police Station Women Cell, Patiala, wherein the charges were framed on 05.03.2019 and the trial is currently pending at the stage of defence evidence. It has further been pleaded that the ex-wife of the petitioner, namely Neelam Rani, due to matrimonial discord with the petitioner had also lodged an FIR No.336 dated 12.12.2019 under Section 420, 465, 467, 468, 471 & 120-B of IPC against the petitioner. Thereafter, for claiming promotion, the petitioner has submitted various representations to the respondents- Corporation followed by legal notice dated 21.05.2020 (Annexure P- 15), which was replied by the respondents-Corporation, vide memo dated 28.07.2020 (Annexure P-16), whereby it has been stated that the case of the petitioner has been kept in a sealed cover till the decision of the cases pending against him and as per seniority his junior Sh. Chander Mohan was promoted as Deputy Chief Accounts Officer from the post of Senior Accounts Officer. 3. Learned counsel for the petitioner submits that Sh. Chander VINOD KOTHIYAL 2026.07.20 15:10 I attest to the accuracy and authenticity of this document CWP-21237-2026 3 Mohan, who has been promoted as Deputy Chief Accounts Officer, is junior to the petitioner and the petitioner had a prior right of promotion to the said post. He Further submits that on 06.09.2018, when the D.P.C. was held, FIR No.64 dated 24.08.2018 was pending against the petitioner, however, charges in the said case have been framed on 05.03.2019 and therefore, the case of the petitioner has wrongly been kept in a sealed cover and the petitioner was entitled to be promoted on the post of Deputy Chief Accounts Officer. 4. On receipt of advance copy of the petition, learned counsel for the respondents-Corporation has put in appearance and on instructions, submits that the promotion order, whereby Sh. Chander Mohan was promoted as Deputy Chief Accounts Officer is dated 28.06.2019 (Annexure P-4), i.e., after framing of charges against the petitioner in case FIR No.64 dated 24.08.2018, therefore, the case of the petitioner has rightly been kept in a sealed cover which is in consonance with the law laid down by Hon’ble Supreme Court in Union of India Vs. K.V. Jankiraman : 1991(3) SCT 317. He further submits that one post has been kept reserved for the petitioner and the sealed cover would be open on conclusion of the criminal cases pending against him. He further submits that the present petition is filed by the petitioner after a period of 07 years from the date his alleged junior was promoted, despite the fact that the legal notice issued by the petitioner dated 21.05.2020 (Annexure P-15) was replied by the respondents- Corporation on 28.07.2020 (Annexure P-16). He further submits that in the interregnum, 25 more persons have been promoted to the posts of Deputy Chief Accounts Officer and the said fact has not been stated in VINOD KOTHIYAL 2026.07.20 15:10 I attest to the accuracy and authenticity of this document CWP-21237-2026 4 the instant petition. He further submits that the petitioner has no right of promotion and has only right of consideration which had already been done by the D.P.C. in its meeting held on 06.09.2018 and his case has been kept in a sealed cover. 5. I have heard learned counsel for the parties and have gone through the relevant documents with their able assistance. 6. Admittedly, when person junior to the petitioner, namely Sh. Chander Mohan, has been promoted, the petitioner was under a cloud as at that time a criminal case arising out of FIR No.64 dated 24.08.2018 was pending against him. Therefore, his case has rightly been kept in a sealed cover as per settled law and one post has been kept reserved for him. 7. The Hon’ble Supreme Court in Ajit Singh v. State of Punjab, 1999(4) SCT 1; Union of India and others v. Sangram Keshari Nayak, 2007(3) SCT 512 and Union of India and another v. Hemraj Singh Chauhan and others, 2010(2) SCT 421 has held that the promotion is not a fundamental right, however, consideration for promotion is a fundamental right. The promotion can only be considered in terms of the rules governing the service of the employee. 8. The case of the petitioner has already been considered by the D.P.C. on 06.09.2018 and the recommendations of the D.P.C. has been kept in a sealed cover and one (01) post has already been kept reserved for the petitioner. The action of the respondents is in consonance with the law laid down by the Hon’ble Supreme Court in the judgment of K.V. Jankiraman’s case (supra). 9. Further, the instant petition has been filed by the petitioner VINOD KOTHIYAL 2026.07.20 15:10 I attest to the accuracy and authenticity of this document CWP-21237-2026 5 after a period of 07 years from the date of accrual of cause of action. There is no change in the circumstances. Though, as per learned counsel for the respondents, 25 persons have been promoted to the post of Deputy Chief Accounts Officer during this period, however, neither their particulars have been stated in the petition nor their promotion orders have been annexed. 10. Keeping in view the aforesaid facts and circumstances and the settled law, there is no merit in the instant writ petition and the same is hereby dismissed, with no order as to costs. 15.07.2026 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2026.07.20 15:10 I attest to the accuracy and authenticity of this document