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B. R. GAVAI, K. V. VISWANATHAN
K. SAMBA MOORTHY – Appellant
Versus
SANJIV CHADHA – Respondent
JUDGMENT :
(K.V. Viswanathan, J.)
1. Leave granted.
2. The present appeal calls in question the correctness of the final judgment and order dated 24.08.2023 passed by the High Court for the State of Telangana at Hyderabad in Contempt Case No. 311 of 2023. By the said judgment, the High Court dismissed the Contempt Petition holding that the orders the violation of which, was complained of, have been duly complied with by the alleged contemnor-respondents. The High Court further held that promotion up to Scale-V cannot be granted as there was no adjudication in the order of the Writ Court and further that the cancellation of the promotion order had not been challenged. The High Court noted that such reliefs cannot be granted in the contempt case.
Brief facts :-
3. In 1983, the appellant was appointed as a Probationary Officer in the Bank of Baroda and in the year 1992, he was promoted to the Manager cadre (MMG-II).
4. When the appellant was serving as Branch Manager, Utran Branch, District Surat, Gujarat, a Show Cause Notice dated 22.03.1999 for alleged lapses and irregularities committed by him during his service was issued. The appellant submitted his reply on 12.04.1999. A further Show
An employee exonerated from disciplinary proceedings is entitled to retrospective promotion and benefits if procedural defects in the enquiry are established.
The court clarified that directions for promotion do not imply automatic promotions to higher scales without meeting eligibility criteria.
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
Promotion processes must adhere to fairness and empathy, especially regarding unforeseen circumstances affecting employees' ability to fulfill job requirements.
The court clarified that 'consequential benefits' do not inherently include further promotions unless explicitly ordered, and compliance with the original judgment was established.
The principle of delay and laches in seeking legal remedies, and the impact of acquiescence to the respondent's actions on the petitioner's entitlement to relief.
Contempt proceedings cannot issue substantive directions; eligibility for promotion must be determined based on established criteria, not merely participation in examinations.
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