JAMMU, Aug 6: A Division Bench Comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has upheld an order of the Central Administrative Tribunal, directing the UT administration to regularize Kishore Kumar Gupta as Chief Engineer in the Irrigation and Flood Control Department, calling the delay in implementation unjustified following his exoneration & dismissed Writ Petition, filed by the Union Territory of J&K and others, challenging the Tribunal's judgment dated October 21, 2024.
The petitioner government, represented by Sr. AAG Monika Kohli, had argued that Gupta's case could not be considered in the Departmental Promotion Committee meeting held on January 10, 2020, due to a pending departmental inquiry.
The DPC had deferred his regularization but reserved one post for the same.
Appearing on behalf of the respondent, Advocate Priyanshu Sharma submitted that Gupta was exonerated of all charges by February 14, 2020, and there was no reason for the government to withhold his promotion thereafter & it is not a case of ineligibility.
The departmental inquiry concluded in the respondent's favour. It was incumbent upon the authorities to act, but they failed to do so," the court observed. The Bench added that the administration ought to have invoked the sealed cover procedure, which is standard practice in such cases, and criticized the inaction following the exoneration.
The Tribunal's view is factually and legally flawless & no grounds exist for interference & DB dismissed the petition filed by Jal Shakti Department headed by Shaleen Kabra along with all connected applications, which no doubts raised some more questions on his his competence & other related issues.
Till day Govt will not recover litigation expenses on govt exchequer from personal pockets of such like officers on wrong intentions or lack of knowledge along with officers of Law Department, who are giving approval for filing Appeals on such like clear cut cases, delay in justice shall continue & innocent officers shall be continuously harassed by such like officers by such illegal practices.
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