Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.

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 later promoted on 06.09.2001 to the post of Assistant Accounts Officer and was posted at the office of the Assistant Executive Engineer (O & P), Urban sub-division of the Corporation at Hubballi. Between 05.01.2012 to 30.06.2014, the petitioner at the time when he was working as Assistant Accounts Officer, it transpires that owing to certain omissions and commissions, pending initiation of disciplinary proceedings, the petitioner was placed under suspension. After about three months of the passage of the order of suspension, the suspension of the petitioner is revoked and is placed back to the services. On 16.04.2018, it transpires that the juniors of the petitioner were accorded promotion from the cadre of Assistant Accounts Officer to the post of Accounts Officer. Long thereafter on 29.10.2001, charge sheet is issued against several others alleging offences of certain misconduct. The said charge sheet is pending consideration. The petitioner then submits a representation on 12.07.2024 claiming promotion on the score that as on the date on which the petitioner and others were assessed for promotion, the case of the petitioner could not have been ignored as there was no charge sheet on the said date. The representation was not considered by respondent No.2 and therefore, the petitioner is now at the doors of this Court in the subject petition.

5. Learned counsel appearing for the petitioner would contend that on the date on which all the eligible candidates for promotion to the post of Assistant Accounts Officer was assessed, the petitioner did not suffer any ineligibility. The Departmental Promotion Committee met to consider the cases of promotion from Assistant Accounts Officer to that of Accounts Officer on 16.04.2018. The petitioner was only placed under suspension once and it was revoked four years prior to the said date. Charge sheet is issued only on 29.10.2021. He would therefore submit that the petitioner is entitled to be promoted as Accounts Officer from the date on which his juniors come to be promoted.

6. Per contra, the learned counsel Sri.B.S.Kamate appearing for the respondents would vehemently refute the submission in contending that charge sheet is issued against the petitioner and a departmental enquiry is pending. Today, if a direction is issued to consider the case of the petitioner for promotion, it would become contrary to law. It is his submission that since the charge sheet is pending, his case would be considered after the closure of the proceedings i.e., the departmental enquiry. He would admit the fact that as on the date of consideration of the case of the petitioner along with others, there was no charge sheet issued against the petitioner. Nonetheless, he would seek dismissal of the petition for the petitioner to approach thi