HC raps ex-Addl CS for casual approach in promotion case

Saurabh Malik

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Chandigarh, April 30

The Punjab and Haryana High Court has made it clear that an administrative head of a government department was required to pass promotion orders after due application of mind.

Can’t pass the buck

As the administrative head of the department, it’s his sacred duty to pass promotion orders with due application of mind after ascertaining the factual matrix. He can’t pass the buck to subordinates by stating that proper facts weren’t brought to his notice. HC

The assertion came as Justice Anupinder Singh Grewal rapped and summoned the then Additional Chief Secretary, Urban Local Bodies Department, for his casual approach in a promotion matter, compelling an employee to move the High Court.

The officer had attempted to justify his action on the ground that an erroneous picture was presented to him, following which Justice Grewal made it clear that he could not shift the blame on his subordinates.

Justice Grewal was hearing a petition filed against the State of Haryana and other respondents by employee Anand Swaroop through counsel Johan Kumar.

The Bench, during the course of hearing, was told that a respondent-colleague was promoted as Superintending Engineer ahead of the petitioner on the erroneous ground that he acquired a degree in 2014, while the petitioner acquired the same a year later. The Bench was further told that the petitioner, too, had acquired the degree in 2014 itself, following which Justice Grewal directed the officer to file an affidavit “as to why due care and caution was not taken while passing the impugned order and why he should not be burdened with the cost of litigation”.

Responding to the directions, the then Additional Chief Secretary stated that an erroneous picture was presented to him. The fact that the petitioner had cleared the examination in 2014 was not brought to his notice.

Taking a note of the submission, Justice Grewal asserted: “I do not find the explanation to be satisfactory. As the administrative head of the department, it is his sacred duty to pass orders of promotion with due application of mind after ascertaining the factual matrix. He cannot pass the buck to his subordinates by stating that proper facts were not brought to his notice”.

“I deem it appropriate to furnish him an opportunity of hearing. The then Additional Chief Secretary shall be present in court on the next date of hearing,” Justice Grewal asserted, before fixing the case for further hearing in May first week.