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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE PUNEET GUPTA, J
Rajesh Singh S/o Sh. Maryad Singh – Appellant
Versus
National Hydro Electric Power Corporation Ltd. (NHPC), Corporate Office, NHPC Complex, Secotr-33, Faridabad (Haryana) – Respondent
JUDGMENT :
1. The petitioner through the medium of the present writ petition seeks consideration of his case by the respondents for promotion to the post of Manager (Elect) and also as Senior Manager (Elect) with the respondent-Corporation from the date his juniors were promoted to those posts in the year 2011 and 2015 respectively. The petitioner also seeks consideration for promotion to the post of Deputy General Manager (Elect).
2. The grievance of the petitioner, in short, is that he is being denied the promotion to the aforesaid posts only for the reason that the FIR has been lodged against him and the challan arising out of the same is pending deposal before the court of law. The pendency of the challan for the last more than ten years should not come in the way of the respondents to consider the case of the petitioner for promotion.
3. The objections to the writ petition have been filed by the respondents wherein it is submitted that the challan is pending against the accused before the Special Judge (Anti-Corruption), Jammu. The petitioner has been accorded adhoc promotion vide order dated 21.08.2020 from the post of Assistant Manager (Electrical) to the post of Deputy Manager
The court upheld the Corporation's promotion policy, which prohibits promotions during the pendency of criminal proceedings against an employee.
Promotion cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
Promotion cannot be denied solely due to pending criminal proceedings; a charge must be framed for such denial to be valid.
An employee has right for consideration for promotion, but has no right to ask promotion as a matter of course
Indefinite withholding of promotion due to pending vigilance proceedings is unjust, and employees have a right to timely consideration for promotion, even when criminal proceedings are ongoing.
Departmental proceedings can proceed independently of criminal case and should be conducted expeditiously.
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