Early Times Report
JAMMU, Aug 6: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has upheld an order of the Central Administrative Tribunal (CAT), directing the UT administration to regularise Kishore Kumar Gupta as Chief Engineer in the Irrigation and Flood Control Department, calling the delay in implementation "unjustified" following his exoneration.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar 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 (DPC) meeting held on January 10, 2020, due to a pending departmental inquiry. The DPC had deferred his regularisation 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 noted that the administration ought to have invoked the sealed cover procedure, which is standard practice in such cases, and criticised the inaction following the exoneration.
"The Tribunal's view is factually and legally flawless. No grounds exist for interference," the Bench ruled, dismissing the petition and all connected applications.
(JNF) |
