Through this constitutional petition, the petitioner is aggrieved of in action on the part of respondent in not granting promotion to him from the date when Respondents No, 4 to 7 who were junior to him were promoted and that inspire of the fact that he was working against a post of higher scale, he was paid wages of lower scale.
2. The record is indicative of the fact that he was knocked out on two grounds.
Firstly that annual confidential reports are not available and Secondly a criminal case was pending against him.
3. Learned counsel for the petitioner in respect of first objection of the department submits that it is the function of officers of department, who have to prepare annual confidential reports and if there is lapse on the part of the department itself it can be neither attributed to the petitioner nor he can be punished for the faults committed by the authorities themselves.
Secondly the criminal case certainly was registered against him but he has since been exonerated there from. In view of above, I am inclined to refer the matter to the District Coordination Officer with a direction to him to attend to the grievance of the petitioner and if the afore stated submissions made at bar by the learned counsel for the petitioner are found true in that eventuality, the petitioner shall be considered for proforma promotion provided that he is senior and eligible in accordance with the applicable Service Rules. Respondent is also directed to submit compliance report to the Deputy Registrar (Judicial) of this Court within a period of 30 days positively from receipt of this order.