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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Pranab Kr. Das, S/o. Late Naba Kr. Das – Appellant
Versus
Assam Co-Operative Apex Bank Ltd., Represented By The Managing Director – Respondent
| Table of Content |
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| 1. the petitioner was denied promotion due to sealed cover procedure and seniority issues. (Para 3 , 4 , 5) |
| 2. contemplated departmental proceedings do not justify sealed cover without formal charges. (Para 6 , 12) |
| 3. the absence of formal charges negates the legality of keeping the petitioner's promotion under sealed cover. (Para 7 , 10 , 14) |
| 4. apex court rulings clarify sealed cover application only with initiated disciplinary action. (Para 8 , 9 , 11 , 13) |
| 5. the court directs retroactive promotion for the petitioner due to procedural deficiencies. (Para 15 , 16) |
JUDGMENT :
SOUMITRA SAIKIA, J.
Heard Mr. Dilip Choudhury, learned Senior Counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Standing Counsel, Assam Co-operative Apex Bank Ltd. representing respondents No. 1, 2 and 3.
2. The private respondents are not represented, although by order dated 01.03.2024, this Court directed to take steps for service of notice on respondent Nos.4 to 8 and 10 to 21 by publishing the notice in two local daily newspapers having wide circulation in the State of Assam (one in English and one in vernacular). The respondent No.9 is shown to be represented by Mr. J. Barman, lea
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
The right to consideration for promotion is a fundamental right, and after punishment for misconduct, the course available is to refer the matter before the Departmental Promotion Committee to determ....
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....
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.
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