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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, P. KRISHNA KUMAR, JJ
Anoop Varkey, S/o. E.V. Varkey – Appellant
Versus
G.S. Sajiprasad, S/o. (Late) Gopinathan Pillai – Respondent
JUDGMENT :
P.Krishna Kumar, J.
The short legal issue to be determined in this case is whether, in view of the provisions contained in Note (i) to Rule 28(b)(i)(7) of Part II of the Kerala State and Subordinate Services Rules (‘KS&SSR”, for short), an officer against whom an FIR has been lodged in a graft case is entitled to be included in the select list for promotion.
2. The facts necessary for the determination of this case are as follows: the petitioner was included in the revised select list of Deputy Transport Commissioners for the year 2022. The first respondent, who is also a candidate included in the select list, challenged the validity of the inclusion of the petitioner in the select list before the Kerala Administrative Tribunal on the ground that the petitioner is an accused in Vigilance Case No. VC/1/2019/SCK and thus he should not have been included in the select list in view of Note (i) to Rule 28(b)(i)(7) of Part II KS&SSR. Pursuant to the inclusion of the petitioner in Annexure A6 select list, the Government notionally promoted him as Deputy Transport Commissioner by Annexure A7 order. As there was no vacancy in the said cadre, the first respondent, being junior to the
An officer against whom an FIR is lodged in a graft case is ineligible for promotion under the Kerala State and Subordinate Services Rules, as established by the court's interpretation of the relevan....
The High Court affirmed that an employee under investigation for misconduct is ineligible for promotion unless cleared, and the Tribunal improperly directed promotion consideration against establishe....
Exclusion of an officer from a promotion list due to pending vigilance cases is lawful under regulatory provisions, and subsequent acquittals do not retroactively influence prior decisions made by pr....
Procedural lapses in promotion processes to the IAS, including failure to resolve provisional inclusions, require judicial review to ensure fairness and compliance with established regulations.
: Grant of sanction for prosecution of a public servant is not an idle formality but same is a mandatory requirement of law.
Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesa....
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
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).
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