The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.

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 on the post of Assistant Engineer with effect from petitioner being eligible for promotion from 20.10.2022 & also consider the seniority and candidature for the next higher promotional post with all consequential benefits.

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be awarded to the petitioner including the cost of the petition.”

3. Facts of the case are that the petitioner was initially appointed as Sub-Engineer at Municipal Corporation, Raigarh (C.G.) on 24.11.2011 and was later transferred to Municipal Corporation, Zone-I, Bhilai. During her service at Raigarh, certain allegations of misconduct and corruption were levelled against several employees, including the petitioner, on the basis of which a letter dated 27.10.2016 was issued by the Under Secretary, Urban Administration & Development Department, and prosecution sanction was granted by the Commissioner, Municipal Corporation, Raigarh on 07.11.2016. An FIR was thereafter registered at P.S. City Kotwali, Raigarh under Sections 420, 409/34 IPC and Sections 13(1)(d), 13(2) of the Prevention of Corruption Act, for which the petitioner was granted anticipatory bail by this Hon’ble Court on 06.01.2017. However, no charge sheet, show cause notice, or departmental inquiry was ever initiated against her. Despite being granted Time Scale Pay (Level-12) on 27.05.2022, her case for promotion considered in the DPC meeting dated 20.10.2022 was kept in a sealed cover owing to the pending proceedings from 2016. Subsequently, in the Mayor-in-Council meeting dated 26.04.2023, it was resolved to continue the proceedings related to the alleged misconduct, resulting in the petitioner’s promotion being kept in abeyance arbitrarily for an indefinite period.

4. Learned counsel for the petitioner respectfully submits that she was initially appointed on the post of Sub-Engineer under the Municipal Corporation, Raigarh (C.G.) vide appointment order dated 24.11.2011 issued by the then Commissioner, Municipal Corporation, Raigarh, and presently continues to serve as Sub- Engineer in Municipal Corporation, Zone-I, Nehru Nagar, Bhilai (C.G.) upon transfer. During her tenure at Raigarh, certain allegations of misconduct and corruption were levelled against a few officials of the Municipal Corporation, among whom the petitioner’s name was also included. It was alleged that upon a preliminary inqu