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JYOTI SINGH
Sunil Chaurasia – Appellant
Versus
District And Sessions Judge (Hqs) – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following reliefs:
"A. Issue a writ of Certiorar? for quashing of the impugned order dated 7.2.2019 passed by the respondent being violative of Article-14 & 16 of Constitution of India;
B. A writ of Mandamus directing the respondent to consider the petitioner for promotion to the post of Judicial Assistant w.e.f. 20.6.2008 as granted to the immediate junior namely Ravi Shanker with all consequential benefits;"
2. The factual matrix is in a narrow compass.
3. Petitioner was appointed as Ahlmad in the District Court on 25.06.2003 after due selection. On 19.06.2009, a charge sheet was served upon the Petitioner alleging that he had not consigned the decided files in the record room. A detailed reply was submitted by the Petitioner stating that the decided files could not be consigned due to shortage of staff and heavy workload of the routine work in the pending matters.
4. Thereafter, inquiry was initiated against the Petitioner, which culminated into a penalty of withholding of one increment without cumulative effect vide order dated 19.07.2011, which admittedly was not assailed by the
The main legal point established in the judgment is that the penalty cannot be given retrospective effect from a period when the employee was not under a cloud, and promotion should be granted based ....
Penalty of stoppage of one increment without cumulative effect - Promotion - Retrospective effect - Petitioner shall be entitled to promotion to post of Judicial Assistant w.e.f. July 05, 2008 with a....
Promotions in civil service cannot be denied due to pending disciplinary matters unless a charge sheet has been issued, affirming eligibility based on completed service years.
The main legal point established in the judgment is that the promotion of the petitioner to the post of Assistant Sub Inspector (ASI) in 2017 was justified, as it was granted after the completion of ....
The main legal point established in the judgment is that promotion decisions are based on seniority-cum-merit and the application of relevant rules, specifically the Chhattisgarh Public Service (Prom....
A promotion is effective only from the date it is granted; there is no fundamental right to promotion, and retrospective promotion cannot be claimed absent specific service rules, even when vacancies....
The failure to promote a qualified officer despite legal directions constitutes willful disobedience of Tribunal orders, justifying contempt proceedings.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
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