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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Imran Mattoo S/o Nazir Ahmad Mattoo – Appellant
Versus
Union Territory of Jammu & Kashmir through Principal Secretary, Department of Home Affairs – Respondent
JUDGMENT :
1. Through the medium of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner prays for the following reliefs:
(1) Writ of Certiorari, to quash order dated 07-03-2022 (Annexure-I) as also the case/Police Report filed under section 173 CrPC. arising out of FIR No. 10 of 2019 pending before Special Judge, Anti-Corruption in so far as it relates to the petitioner and direct the name of the petitioner to be removed from the arena of the accused and drop criminal proceedings against him.
(2) WRIT OF MANDAMUS directing the respondent Bank to grant the promotion to the petitioner which has been kept under sealed cover due to pendency of the case as envisaged in order dated March 07, 2022 bearing reference No. JKB/HRD/RECTT/2022-751 Circular ID 13959 with further directions to pay all the benefits of status and salary as Executive (Scale- II) to the petitioner from 7th of March, 2022 by putting him in the pay scale of Rs.. 48170-1740/1- 49910-1990/10-69810; and
(3) Any other writ, order or direction, which the Hon'ble Court may deem fit and proper in the circumstances of the case, may also be passed.
2. The short submission which has been adv
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....
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....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
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 cannot be applied if the employee is acquitted of criminal charges, allowing for due promotion and benefits.
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