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SUDHANSHU DHULIA, K. VINOD CHANDRAN
P. Sakthi – Appellant
Versus
Government Of Tamil Nadu – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant, a Police Constable in the service of the State of Tamil Nadu is aggrieved with the denial of consideration for promotion to the post of Sub Inspector of Police. The appellant who was initially appointed on 01.03.2002, was eligible for consideration in the year 2019 when a notification was issued for considering eligible constables for in service promotion in the 20% departmental quota. The appellant applied for the same but by Annexure P/8 dated 13.04.2019, he was denied consideration since, according to the Superintendent of Police, he was disentitled as per the rules for reason of a punishment of postponement of next increment for one year without cumulative effect, imposed on 09.05.2005.
3. True, the recruitment rules provided for disentitling an in-service candidate, if they did not have a clean record of service without any punishment other than minor punishment of black mark, reprimand and/or censure. However, the appellant’s punishment was interfered with and set aside by Annexure P/4 as early as 27.11.2009. The criminal case lodged against him on the similar set of facts had also ended in his acquittal.
4. The
Promotion – Employee has no right to be promoted but has right to be considered when selections for promotions are carried out, unless disqualified.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
The penalty of censure does not bar promotion based on seniority-cum-merit criteria, allowing reconsideration for the post of Superintendent of Police.
The main legal point established in the judgment is that a petitioner, fully exonerated from a minor punishment, is entitled to be considered for promotion from the date when his juniors were promote....
An employee acquitted of charges is entitled to consideration for promotion from the date of eligibility, despite prior disciplinary proceedings, upholding the principle of just treatment in administ....
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
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