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SANJAY KUMAR MEDHI
GO- 2148X SRI VINAY KUMAR SINGH, S/O. LATE HARIHAR BAHADUR SINGH – Appellant
Versus
UNION OF INDIA, REPRESENTED BY THE DEFENCE SECRETARY, MINISTRY OF DEFENCE – Respondent
JUDGMENT :
(Sanjay Kumar Medhi, J.) :
The grievance of the petitioner raised in this petition filed under Article 226 of the Constitution of India is with regard to his promotion.
2. As per the facts projected, the petitioner was serving as a Superintending Engineer (Civil) in the Border Roads Organization (hereinafter BRO). He was deputed to the NHIDCL and in that period there were certain allegations of illegal gratification and the petitioner was repatriated to the BRO. On 01.11.2022, he was placed under suspension. On 20.12.2022, a Departmental Promotion Committee Meeting was held in which the case of the petitioner was considered and was kept in sealed cover. In the inter se seniority list, certain incumbents, who were below the petitioner, were given the benefit of promotion on 17.02.2023. However, no such promotion was given to the petitioner. On 03.02.2023, a review meeting was held on the aspect of suspension of the petitioner wherein it was decided to extend the suspension. On 10.03.2023, the memo of charges was submitted to the petitioner and the disciplinary proceeding was initiated. The petitioner had filed WP(C)/1074/2023 against the order of suspension. This Court vide
Promotions of government servants under disciplinary proceedings cannot be granted until they are fully exonerated, as per established legal principles.
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 mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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 upon assumption of duties validly contingent upon completion of disciplinary proceedings; no vested rights to promotion established.
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....
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