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MOHAN LAL
V. P. Saini – Appellant
Versus
Chairman Airports Authority of India – Respondent
JUDGMENT :
1. The petitioner detailing the facts and events mapped out in the instant writ petition under Article 226 of the Constitution of India r/w Section 103 of Constitution of State of Jammu and Kashmir seeks the following reliefs;-
(ii) Writ of mandamus, by issuing direction or order commanding the respondents to grant the benefit of next higher scale of DGM(ATC) w.e.f. 10-10-1999 alongwith consequential benefits including arrears of emoluments and post-retrial benefits, with such other additional or alternative relief as the court deems fit and proper in the facts and circumstances of the case.
2. The precise case as projected by the petitioner in the averments of the writ petition is, that the petitioner is a citizen of India and entitled to the protection of his fundamental, statutory and legal rights; that the petitioner though starte
A minor penalty of censure can validly impede an employee's promotion eligibility, and failure to challenge the legality of the penalty undermines claims for promotion.
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
Promotion timing is contingent upon resolution of imposed penalties, emphasizing the necessity for finality in disciplinary proceedings before eligibility for promotion is considered.
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
The punishment of censure has no currency and cannot affect promotion eligibility if the misconduct occurred more than five years prior to the crucial date.
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.
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