Singh Chauhan Vs. State of Haryana &
ANR  INSC 548 (7
RAMASWAMY, D. P. WADHWA
O R D
E R Leave granted.
learned counsel for the respondent was directed to produce the record and to
file the counter; but neither counter has been filled nor the record has been
produced. In these circumstances, we are constrained to proceed on the basis of
the material on record.
appellant, while he was working as Executive Engineer, was asked by the
Superintending Engineer to carry out the visual inspection of the work executed
at Sonepat Drainage Division on April 30, 1989. He carried on the same on May 2, 1989 and submitted the report. Subsequently, a case was
registered against the contractors and other employees. On the basis of
subsequent report submitted by Shri O.P. Vij, an FIR was registered on August 10, 1989 against the officers connected with
the job. Thereafter, the entire staff connected with the job. Thereafter, the
entire staff comprising of 95 persons in Karnal Drainage Circle, was put under suspension in April 1990. On account
thereof, the appellant was also kept under suspension for giving the report of
visual inspection vis-a-vis the execution of the work. After his reinstatement,
he was due for promotion but the same was not given, while his juniors were
he challenged his non-consideration for promotion by way of writ petition which
has been dismissed by the High Court. Thus, this appeal by special leave.
wanted to examine the record to ascertain whether there is any substantial case
against the appellant. The respondents have neither filed counter nor produced
the record. Under these circumstances, we are constrained to accept the case of
the appellant that he is entitled to be considered for promotion under the
Rules. We direct the Government to consider his case for promotion on the basis
of his service record within four months from the receipt of this order. While
doing so, the Government will exclude the material relating to his inspection
appeal is accordingly allowed. No costs.