The charge memo must contain specific charges and be issued in accordance with the relevant rules, and promotions should not be denied based on stage-managed allegations after the crucial promotion date.

JUDGMENT

(Prayer: Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent herein in his proceedings Na.Ka.No.111974/CMaP2/2/2022-1, dated 18.02.2023 and quash the same and consequently promote the petitioner as Deputy Director [Administration] for the year 2022-23 on par with his juniors.)This Writ Petition has been filed to quash the impugned order passed by the first respondent herein in his proceedings Na.Ka.No.111974/CMaP2/2/2022-1, dated 18.02.2023 and consequently promote the petitioner as Deputy Director [Administration] for the year 2022-23 on par with his juniors.

2. The case of the writ petitioner is that he has put in more than 29 years of service and the petitioner was due for promotion to the post of Deputy Director [Administration] for the year 2022-23. On 16.11.2022, the Director of Medical and Rural Services had sent a proposal of eligible candidates fit for promotion to the post of Deputy Director [Administration], wherein the petitioner is shown as senior most to other persons in the panel. He was placed in Serial No.1. Whereas, the second respondent is placed at serial No.3. It is the specific allegation of the Writ Petitioner that the second respondent has worked on deputation as Senior Personal Assistant to the Minister of Health and Family Welfare Department. Only in order to accommodate the second respondent, an anonymous complaint has been projected as if the petitioner has appointed two cooks contrary to the Rules. It is also averred in the Writ Petition that in respect of the allegation found in the anonymous petition, previously an enquiry has been conducted and it is found that the allegations have not been substantiated. However, another enquiry has been conducted and charge memo has been issued on 18.02.2023 to the petitioner. It is his further contention that the promotion panel was prepared on 13.03.2023 wherein, it is directed to place a copy of that Order in the notice board and to communicate the same to all seniors, with specific instructions to make any objection, if any, within a period of two months. However, on the same day, when the panel was prepared and published, the second respondent was promoted in G.O.[3D]. No.3 Health and Family Welfare dated 13.03.2023. Hence, it is his contention that the entire charge memo is stage managed only in order to satisfy some person to promote the person, who is originally placed in serial No.3. Hence, the very charge memo has been challenged.

3. The Counter has been filed by the respondent stating that on the basis of the complaint of one Sumathi, an enquiry has been conducted wherein it is found that the petitioner has appointed two cooks contrary to the Rules. Accordingly, a disciplinary proceedings has been initiated on the basis of the enquiry report and charge memo has been issued on 18.02.2023 and the same has been served on the petitioner on 28.02.2023. Admitting that the crucial date for preparing panel is 01.09.2022 and the panel has been prepared for the year 2022-2023, it is their contention that in view of the disciplinary proceedings initiated against the petitioner, promotion of the petitioner has not been granted and charge memo has been issued. Since the petitioner is involved in serious illegalities, charge memo has been issued.

4. The learned counsel appearing for the petitioner mainly contended that on the date of crucial date 01.09.2022, no proceedings, whatsoever, is pending against the petitioner. In fact, the petitioner is placed at Serial No.1 in the panel prepared by the respondent and the second respondent is placed at Serial No.3. The second respondent was working on deputation as Senior Personal Assistant to the Minster of Health and Family Welfare Department. Only in order to deny the promotion to the petitioner, the entire proceedings has been stage managed later. At any event, the ch