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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Ku. Prabha Toppo, D/o. Shri Yakub Toppo – Appellant
Versus
State Of Chhattisgarh, Through Secretary, Urban Administration And Development – Respondent
Order :
Amitendra Kishore Prasad, J.
1. The present petition has been preferred by the petitioner being aggrieved by the arbitrary, unjust, and erroneous action of the respondent authorities, whereby despite the Inquiry Committee/D.P.C. in its meeting held on 20.10.2022 having recommended the petitioner’s promotion from the post of Sub- Engineer to Assistant Engineer in the Municipal Corporation, Raigarh, the respondents have withheld the promotion by keeping it in a sealed cover envelope solely on the ground of pendency of a criminal case, which itself has remained stagnant and unprosecuted for several years due to inaction and delay attributable entirely to the respondent authorities.
2. By way of this writ petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent State to open the sealed cover envelope & consider the candidature of the petitioner from post of Sub- Engineer to Assistant Engineer with effect from Inquiry Committee meeting/D.P.C dated: 20.10.2022.
10.2 That, the Hon'ble Court may also kindly be pleased to direct the respondent State to consider the grant of promotional benefit of petitioner
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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' 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....
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.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
Point of Law : Employee may not be awarded any punishment which is not prescribed under the Rules
Promotion – Sealed Cover Procedure – Disciplinary/criminal proceedings can be said to be initiated against employee only when a charge-memo is issued to employee in a disciplinary proceeding or a cha....
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
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