High Court Imposes Rs.1 Lakh Cost On Punjab PWD Secretary For Illegally Depriving Employee Of Promotion

The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Public Works Department's Secretary for illegally depriving a Sub Divisional Engineer of promotion to the post of Executive Engineer.

Justice Mahabir Singh SIndhu said, "Since the action of the respondents is found to be grossly illegal, therefore, in order to mitigate the miseries of petitioner and as a deterrence to the respondents for future, costs of Rs.1,00,000/- (Rupees one lakh only) are imposed."

The Court directed that the cost will be paid to the petitioner by Secretary, Public Works Department within a period of 03 months.

Plea was filed by Sukhpreet Singh Sub Divisional Engineer seeking promotion for the post of Executive Engineer and to open seal cover decision of the meeting conducted by Departmental Promotion Committee. He also sought quashing of the order passed "arbitrarily" against him for stoppage of one increment for two years.

Singh was charged for alleged negligence in duty because he failed to shift electric poles on the road before starting the construction work. The charges were sent to the higher authorities including Superintending Engineer and Executive Engineer, who recommended to drop the charges.

After examining the submissions and material on record, the Court noted that Singh had written letter to the Electricity Department, for shifting the electric poles and written instructions were also issued in this regard to the contractor, wherein, it was specifically mentioned that no construction work be executed until electric poles are shifted by the Electricity Department; but, Contractor ignored the same.

Chief Engineer rightly observed, inter alia “that no negligence or any dereliction of duty has been committed by Mr. Sukhpreet Singh, Sub Divisional Engineer”, it noted. However, PPSC , completely ignored this aspect of the matter, said the judge.

Justice Sindhu highlighted that Chief Engineer, converted the charge-sheet from Rule 8 (Major Penalty) to Rule 10 (Minor Penalty), but at the same time, decided to impose penalty against the petitioner for stoppage of 01 annual increment for a period of 02 years without affording any opportunity of hearing.

The judge observed that he was denied promotion in gross violation of Punishment and Appeal Rules, 1970 and without any basis.

"It seems that petitioner has been victimized by respondent No.1, merely on the basis of so-called approval given by the Minister- in-charge on 01.04.2023 and punishment for stoppage of 01 annual increment for 02 years was imposed, without following the due procedure prescribed under the Rules of 1970; otherwise there was no occasion to take such a drastic step in these circumstances," added the Court.

The Court also pointed that the the action of respondent No.1 (Secretary, PWD) is apparently running de hors the Instructions dated 27.02.1998, which inter alia says that 'sealed cover' procedure is not to be adopted in a case where an employee has been issued show cause notice under Rule 10 of the Rules of 1970 for awarding a minor penalty.

Furthermore, the Court said that passing the impugned order dated 10.04.2024, there is no inquiry, nor any opportunity of hearing was afforded to the petitioner; thus Secretary, PWD has completely violated Rules 5, 8 & 10 of the Punishment and Appeal Rules, 1970.

In the light of the above, the Court set aside the impugned order passed by the and directed to open the 'sealed cover' of the petitioner on the basis of recommendations dated 19.09.2023, made by DPC, forthwith and to proceed further in accordance with law, without any further delay.

Mr. Pawan Kumar, Senior Advocate, with Ms. Vidushi Kumar, Advocate, for the petitioner.

Mr. TPS Walia, AAG, Punjab, for the respondents.

Title: Sukhpreet Singh v. State of Punjab and others

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