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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Dev Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
1. Precisely, the question, which needs to be determined in the case at hand is “whether a person can be debarred from being considered for promotion, on account of pendency of criminal proceedings, when charge was not framed against such employee on the date of holding DPC?”
2. Precisely, the facts relevant for adjudication of the case at hand are that petitioner herein was initially appointed as Patwari on 05.02.1996 and after his having served Department of Revenue for more than twenty one years, he was further promoted to the post of Kanungo vide order dated 11.01.2017. After his being promoted to the post of Kanungo, he joined his duty as Kanungo at place called Rohin.On 28.03.2023, respondent/department circulated a tentative seniority list of Kanungo, wherein name of the petitioner came to be reflected at serial No. 8. Subsequently on 03.06.2023, respondent/department circulated final seniority list, showing the name of the petitioner at serial No. 8. Vide notification dated 19.06.2023, certain persons came to be promoted to the post of Naib Tehsildar, whereas name of the petitioner, despite his being in the consideration zone, was not considered f
Promotion cannot be denied solely due to pending criminal proceedings; a charge must be framed for such denial to be valid.
The mere pendency of criminal proceedings does not justify denying promotion unless a Charge Sheet is filed or Articles of Charge are issued before the DPC Meeting.
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 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.
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).
The court emphasizes that promotions for employees under inquiry must be withheld until the resolution of departmental proceedings to ensure fairness.
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