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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Maruthi Rao, S/o. Kallappa Mali – Appellant
Versus
Managing Director, Karnataka Power Transmission, Corporation Ltd. – Respondent
ORDER :
M. NAGAPRASANNA, J.
1.The petitioner is before this Court seeking the following prayers:
A. Writ of mandamus or any other order or Directions directing the respondent 2 to sanction the promotion to the petitioner to the post of accounts officer with effect from the 16/4/2018 with all the consequential benefits by considering the representation dated 12/07/2024 as per Annexure-H respectively .
B. Issue any other appropriate writ or order or directions which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case, to meet the ends of the justice.
2. The petitioner is before this Court seeking a direction to the respondent No.2 to accord promotion to the petitioner to the post of Accounts Officer with effect from 16.04.2018 on consideration of his representation dated 12.07.2024.
3. Heard Sri.Abhinandan Hiremath, learned counsel appearing for the petitioner, Sri.B.S.Kamate, learned counsel appearing for the respondents.
4. Facts in brief, germane, are as follows:
(a) The petitioner joins the service of the respondent-Karnataka Power Transmission Corporation Limited [hereinafter referred to as the ‘Corporation’ for short], as a Junior Assistant and is late
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
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 mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Promotion upon assumption of duties validly contingent upon completion of disciplinary proceedings; no vested rights to promotion established.
The 'sealed cover procedure' and relevant Supreme Court judgments establish that an employee acquitted in a criminal case is entitled to promotion and benefits from the date of promotion as if no pro....
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).
The right to promotion of an employee under investigation is affirmed, as promotion cannot be denied based on mere FIR registration when juniors are promoted prior to charge-sheet filing.
Promotion cannot be withheld due to pending disciplinary proceedings unless a charge-sheet has been issued; sealed cover procedure must be justified and timely.
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