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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
| Table of Content |
|---|
| 1. allegations and procedural history behind promotion delay. (Para 1 , 3 , 4 , 5 , 6) |
| 2. petitioner's arguments against promotion withholding. (Para 2 , 8 , 9) |
| 3. conclusions on promotion eligibility and consequences. (Para 7 , 15) |
| 4. final decision and directives of the court. (Para 10 , 16) |
| 5. court's analysis on the legal validity of sealed cover procedure. (Para 11 , 12 , 13 , 14) |
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
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....
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