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AJAY MOHAN GOEL
Naresh Katoch – Appellant
Versus
Himachal Pradesh State Electricity Board – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:
(ii) That a writ in the nature of writ of mandamus directing the respondent to pay the interest on the increments, which were due and payable to the petitioner w.e.f. the year, 2007 onwards, which were paid in the year, 2010.
(iii) That the petitioner be granted all consequential benefits along with interest @ 12% per annum from the due date, holding the petitioner entitled for giving fresh option for new pay scales.”
2. Brief facts necessary for the adjudication of present petition are that the petitioner was appointed as an Assistant Engineer with the respondent-Board on 28.07.1989. In terms of the Policy in vogue in the respondent-Board, qua which there is no dispute, an incumbent who had served the Department against a post without any promotion, was entitled to time bound promotional scale after completion of nine years of servi
The main legal point established is that the sealed cover procedure for promotional scale eligibility should be based on the petitioner's status at the time of the DPC meeting, and pending charges or....
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
Promotion – Sealed Cover Procedure – Disciplinary/criminal proceedings can be said to be initiated against employee only when a charge-memo is issued to employee in a disciplinary proceeding or a cha....
The sealed cover procedure for promotions is valid when criminal proceedings are pending, and the court cannot intervene in ongoing criminal matters.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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....
Eligibility for promotion must be determined as of the date it becomes due; subsequent initiation of disciplinary proceedings or imposition of minor penalties cannot be used to retrospectively justif....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
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