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S. R. KRISHNA KUMAR, G. BASAVARAJA
Jayashree – Appellant
Versus
State of Karnataka – Respondent
ORDER :
(S.R. Krishna Kumar, J.)
This petition by the unsuccessful applicant in Application No.10911/2022 is directed against the impugned order dated 30th March 2023 passed by the Karnataka State Administrative Tribunal, Belagavi Bench (for short, 'the Tribunal'), whereby the said application filed by the petitioner was dismissed by the Tribunal.
2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.
3. A perusal of the material on record will indicate that the petitioner is working as a Village Accountant with the respondent from 16.03.2005 onwards. On the basis of a complaint, criminal proceedings in Crime No.34/2017 were instituted as against the petitioner. Subsequently, on 20.12.2021, a Departmental Promotion Committee (DPC) Meeting was held to consider the candidates for promotion including the petitioner herein. However, the petitioner was denied promotion on the ground that the aforesaid criminal case in Crime No.34/2017 was pending against him. A charge sheet was filed subsequently on 01.02.2022 in the aforesaid Crime No.34/2017 after the said DPC Meeting was held wherein the petitioner was denied promotion. So also, the re
The mere pendency of criminal proceedings does not justify denying promotion unless a Charge Sheet is filed or Articles of Charge are issued before the DPC Meeting.
Promotion cannot be denied solely due to pending criminal proceedings; a charge must be framed for such denial to be valid.
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
The sealed cover procedure for promotions cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Sealed cover procedure for promotion cannot apply unless formal charges exist. Officers suspended but not charged are entitled to promotion based on DPC's recommendations.
The central legal point established in the judgment is that the mere pendency of a criminal case cannot be a ground for denying promotion, and the subsequent service record of the petitioner should b....
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