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SANJAY KUMAR MEDHI
Samsul Islam S/o Late Abdur Rahim – Appellant
Versus
UCO Bank – Respondent
1. Heard Shri R. Islam, learned counsel for the petitioner whereas the respondent-UCO Bank is represented by Shri M. Sarma, the learned counsel.
2. The grievance raised in this petition is with a claim for certain benefits accruing from the services rendered by the petitioner, including claim for promotion and appropriate fitment.
3. The facts projected are that on 19.05.1983, the petitioner was appointed as a Clerk and subsequently he was promoted to the rank of Junior Management Grade Scale-I on 01.02.1999 and thereafter vide an order dated 02.02.1999, he was promoted to the rank of Middle Management Grade Scale-II which however was given effect from 19.12.1997. The said promotion was however withdrawn vide an order dated 20.09.2000 on the ground that a criminal case was pending against the petitioner pertaining to the Prevention of Corruption Act in which prosecution sanction was also granted.
4. Shri Islam, the learned counsel for the petitioner has submitted that the criminal case which was registered as Special Case No. 103/2004 in the Court of the Special Judge, Assam at Guwahati had culminated in an order of acquittal dated 15.07.2014 and there was no further appeal by the St
An employee completely exonerated in disciplinary/criminal proceedings is entitled to the salary of the higher post and other benefits from the date of normal promotion.
An employee penalized for misconduct cannot retroactively claim promotion benefits, affirming that promotion eligibility is contingent upon an unblemished conduct record.
Post exoneration in disciplinary/criminal proceedings, employee entitled to retrospective promotion with actual monetary benefits from due date, not notional, absent recorded reasons for denial; 'no ....
Monetary benefits cannot be denied to an employee acquitted of charges and restored to a position of promotion after disciplinary actions were dropped.
An employee completely exonerated from a disciplinary proceeding is entitled to the salary and benefits of the higher post from the date on which he would have normally been promoted but for the disc....
The main legal point established in the judgment is that the promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee, as per the Sealed Cov....
The sealed cover procedure for promotions is valid when criminal proceedings are pending, and the court cannot intervene in ongoing criminal matters.
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