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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, L.S. PIRZADA
State Of Gujarat – Appellant
Versus
Kiran Surendrabhai Sheth – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. By way of this Letters Patent Appeal, the appellant – State has assailed the judgment and order passed by the learned Single Judge dated 06.08.2015, allowing the captioned writ petition filed by respondent no.1 – employee (original petitioner), challenging the action of the department denying him promotion to the post of Deputy Executive Engineer. The learned Single Judge, after considering the Government Resolutions that were on record and the judgments of the Supreme Court, has ultimately directed the appellant – department to grant actual promotion to the respondent-employee to the post of Deputy Executive Engineer (Class-II) with effect from 31.05.2015, i.e., the day when his juniors were promoted.
BRIEF FACTS:
2. The brief facts that are established on record and pleadings are that the respondent no.1 – employee (original petitioner) was serving as an Assistant Engineer Civil. As per the seniority list published on 01.03.1993, the name of the respondent-employee figured at Sr. No.670, and his immediate junior - Haresh Narendrabhai Bhatt, at Sr. No.671. 3. On 17.09.2011, the First Information Report, being CR No. I-8 / 2011, came to be registered agai
The right to promotion of an employee under investigation is affirmed, as promotion cannot be denied based on mere FIR registration when juniors are promoted prior to charge-sheet filing.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
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 '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.
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.
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