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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Jyoti Swarup Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner retired on 31.03.2023 on attaining the age of superannuation during the pendency of this writ petition. While in service, the respondent on 23.02.2015, kept his case for further promotion/regularization etc. in sealed cover contemplating holding disciplinary proceedings and awaiting the outcome of criminal proceedings launched against him. The charge-sheet was issued to the petitioner on 30.08.2017. The Inquiry Officer in his report dated 28.01.2019, held the charges leveled against him as ‘not proved’. It was on 09.07.2021 that the disciplinary authority expressed disagreement with the inquiry report. Whereas, even before that, fresh and revised memorandum of charges had been issued to the petitioner on 11.06.2019. A new Inquiry Officer was appointed to inquire into the second charge-sheet issued to the petitioner. Petitioner participated in the second inquiry proceedings. While the same were going on, he instituted this writ petition seeking direction to the respondent to consider him for promotion. The second Inquiry Officer submitted inquiry report on 09.11.2023. More than 17 months have gone by, the disciplinary authority is yet to
Promotion cannot be withheld due to pending disciplinary proceedings unless a charge-sheet has been issued; sealed cover procedure must be justified and timely.
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....
Sealed cover procedure for promotion cannot apply unless formal charges exist. Officers suspended but not charged are entitled to promotion based on DPC's recommendations.
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....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
Criminal proceedings can be said to be pending against an employee only after charges have been framed.
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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