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PETITIONER: BIR SINGH CHAUHAN

       Vs.

RESPONDENT: STATE OF HARYANA & ANR.

DATE OF JUDGMENT:       07/07/1997

BENCH: K. RAMASWAMY, D. P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      The 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.      The  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 promoted. Consequently,  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.      We 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 report.      The appeal is accordingly allowed. No costs.