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SANJAY KUMAR DWIVEDI
Bhagwan Prasad S/o Late Chhathu Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Rajendra Krishna, learned counsel appearing for the petitioner and Mr. Arun Kumar Dubey, learned A.C. to G.P. III, appearing for the respondents-State.
2. This writ petition has been filed for quashing of the order contained in Memo No. 1854/P dated 10.08.2015 [Annexure-10], by which, the prayer of the petitioner for his promotion to the post of Deputy Superintendent of Police with retrospective effect has been rejected on the ground that the petitioner has been superannuated. Further prayer has been made for a direction upon the respondents to give the promotion to the petitioner with effect from the date, juniors of the petitioner were granted promotion. Further the prayer has also been made for a direction to forthwith provide the benefits of 2nd ACP to the petitioner with effect from 15.06.2008, as decision of the authority is in favour of the petitioner, however, till date the fruit of that has not been provided to the petitioner.
3. Mr. Rajendra Krishna, learned counsel appearing for the petitioner submits that the petitioner was appointed at Sub-Inspector of Police on 15.06.1984 and he was subsequently promoted to the post of Insp
The main legal point established in the judgment is that the promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee, as per the Sealed Cov....
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....
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 'sealed cover procedure' and relevant Supreme Court judgments establish that an employee acquitted in a criminal case is entitled to promotion and benefits from the date of promotion as if no pro....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
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