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JYOTSNA REWAL DUA
Sohan Lal Verma – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
JYOTSNA REWAL DUA, J.
CMP (T) No. 1107 of 2022
1. In view of the averments made in the application, the same is allowed and disposed of.
CWPOA No. 5506 of 2019
With the consent of learned counsel for the parties, the matter is taken up for decision.
2. Petitioner’s prayer is that the respondents be directed to consider his candidature for promotion to the post of Superintendent Grade-II.
3. The case of the petitioner is that:
(ii) In terms of Clause 11 of the Recruitment & Promotion Rules (in short ‘R&P Rules’) for the post of Superintendent Grade-II, notified on 14.09.2011, the petitioner acquired eligibility for promotion to the post of Superintendent Grade-II on 02.03.2015. Despite the availability of vacancy of Superintendent Grade-II, the respondent-Department did not make promotions of eligible Senior Assistants to the post of Superintendent Grade-II. Petitioner’s representations to the respondents seeking his promotion did not yield any positive r
Rule 11 of the CCS (CCA) Rules, 1965 provides for major and minor penalties.
The penalty of censure does not bar promotion based on seniority-cum-merit criteria, allowing reconsideration for the post of Superintendent of Police.
Point of Law : Every civil servant has a right to have his case considered for promotion according to his turn and it is a guarantee flowing from Article 14 and 16(1) of the Constitution.
The main legal principle established in the judgment is that the provisions of the Office Memorandum dated 14th September, 1992, regarding the findings of the sealed cover and the imposition of penal....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
The main legal point established in the judgment is that a petitioner, fully exonerated from a minor punishment, is entitled to be considered for promotion from the date when his juniors were promote....
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