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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Vijay Kumar Pandey, S/o Late Mr. Jagat Narayan Pandey – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Home Affairs – Respondent
ORDER :
Parth Prateem Sahu, J.
1. Facts relevant for disposal of the present writ petition are that the petitioner is working as a Head Constable in the respondent Department. In the year 2024, the Departmental Promotion Committee initiated promotion proceedings for promotion from the post of Head Constable to Assistant Sub-Inspector. Name of the petitioner was also considered in the said promotion proceedings. However, when merit list of eligible candidates for promotion to the post of Assistant Sub- Inspector was published on 17.04.2024, petitioner’s name was not recommended for promotion on the ground that an inquiry by the Enforcement Directorate (ED) is stated to be pending against him. Pursuant to recommendation of eligible candidate for promotion, order dated 21.10.2024 was issued promoting other Head Constables to the post of Assistant Sub Inspector, excluding name of petitioner. Aggrieved by non-inclusion of his name in the list of promoted persons, petitioner submitted representation to the concerned authority. However, as no favourable response was received, he approached this Court by filing present writ petition seeking following reliefs:
“1. Kindly call for the entire re
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).
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 cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
Promotion cannot be withheld on mere pendency of an inquiry; formal charges must be issued. Denying rights based on unresolved issues is arbitrary and illegal.
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 solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
Indefinite withholding of promotion due to pending vigilance proceedings is unjust, and employees have a right to timely consideration for promotion, even when criminal proceedings are ongoing.
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