Tuesday, August 20, 2019

Posted at: Aug 14, 2019, 7:37 AM; last updated: Aug 14, 2019, 7:37 AM (IST)

Junior’s promotion: Court imposes Rs 50,000 on BBMB

Legal Correspondent

Shimla, August 13

The High Court has imposed Rs 50,000 cost on the Bhakra Beas Management Board (BBMB) for unnecessarily dragging its employee into litigation.

Justice Tarlok Singh Chauhan observed, “The BBMB has dragged the petitioner in an unnecessary and otherwise avoidable litigation. Instead of gracefully accepting its mistake, the BBMB could not resist the temptation of litigation and has fought a legal battle as if it was a war. The battle otherwise is “uneven” as on one side is a public institution whereas, on the other side, is a private individual.”

The court passed this judgment on a petition filed by Dhanpat Lal Sharma for seeking promotion. The petition has been filed on the ground that the petitioner, being the seniormost law officer, was required to be considered before promoting the officer who was junior to him for the post of Joint Director/Personal-cum-Legal.

Allowing the petition, the court directed the BBMB to consider the case of the petitioner for promotion from the date when the junior-to-him was promoted with all consequential benefits.

The court further observed, “It shows that the action of the BBMB is neither fair, nor just, as it was required to consider the case of a senior officer before promoting a junior officer.”

It further observed, “Though an employee does not have a fundamental right for promotion, however, he has a fundamental right for being considered for promotion.”

It further clarified in its order that the cost at the first instance would be paid by the BBMB from its own coffers and, thereafter, the same would be recovered from the erring official/officer(s) irrespective of whether they were still serving or had retired from service.

The court further directed the Secretary, BBMB, to conduct an inquiry against the erring official/officer(s), irrespective of their ranks and files and submit his report by December 31, 2019.


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