HC pulls up state for ‘disturbing pattern’ of administrative apathy

The Punjab and Haryana High Court has rapped Haryana for “disturbing pattern of administrative apathy and procedural impropriety” in denying promotion to a revenue official nearly three decades ago despite his eligibility.

Holding that the official had been “unjustifiably denied promotion to Kanungo’s post at the time when his juniors were promoted on April 24, 1995,” Justice Sandeep Moudgil directed that he be treated as promoted from that date, along with consequential benefits of seniority, etc. The order came in a petition filed in 1996, challenging the State’s decision to withhold promotion despite the petitioner’s eligibility.

Justice Moudgil said: “The facts of the case lay bare a disturbing pattern of administrative apathy and procedural impropriety.” The court noted that the petitioner, who joined service as a Patwari in 1958 and belonged to a Backward Class, satisfied the relaxed qualification criteria. The state itself relaxed the matriculation requirement to “Middle pass” for Patwaris who joined before January 4, 1966, through an order dated in 1985.

“Therefore, the petitioner fully satisfied the educational qualification criteria as relaxed and was otherwise eligible for promotion, having also passed the Kanungo departmental examination in 1984,” the court observed.

The state cited adverse ACR entries and pendency of a criminal case to reject the petitioner’s claim. But the court found the rejection “warranted judicial scrutiny.” “It is a well-established principle that adverse entries in the ACRs must be communicated to the employee concerned in a timely manner, enabling an opportunity to represent and improve,” Justice Moudgil asserted.