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S.B.SINHA, MARKANDEY KATJU
Coal India LTD. – Appellant
Versus
Saroj Kumar Mishra – Respondent
Yes, the judgment categorically holds that depriving an employee of promotion merely on the basis of a complaint or preliminary investigation, without formal charges or satisfaction of the competent authority that a charge-sheet may be issued, violates service rights, as such deprivation is not permitted under the applicable rules or office memoranda, which must be strictly construed and satisfy constitutional requirements of reasonableness, fairness, and equality. (!) (!) (!) (!) (!) (!) (!) (!) (!)
JUDGMENT:
S.B. SINHA, J.
Leave granted.
These two appeals involving similar questions of law and facts were taken up for hearing together and are being disposed of by this common judgment.
Respondents herein were employees of Mahanadi Coalfields Ltd., a Government Company within the meaning of Section 617 of the Companies Act. Coal India Limited admittedly is the holding company of Mahanadi Coalfields Ltd. Appellant No. 1 framed rules laying down terms and conditions of service of its Executive Officers. The Executive Cadre of the Officers of Appellant No. 1 is divided in various grades namely Gr. E/1 to Gr. E/8. Indisputably, promotion from A/3 to A/4 grades is governed by the rule of Seniority-Cum-Merit. For the purpose of considering the cases for promotion of the eligible officers from Grade E/3 to E/4, a departmental promotion committee held its meeting in April-May, 1999.
Respondents were, however, not promoted inter alia on the premise that the General Manager (Vigilance) of the Mahanadi Coalfields Ltd. intimated to the concerned authority that vigilance cases were pending against them. Orders of promotion were issued in favour of the officers who were admittedly junio
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