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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE
G.Nagarajan – Appellant
Versus
Principal Secretary to Government, Housing and Urban Development (UD2 (1)) Department, Secretariat, Chennai – Respondent
| Table of Content |
|---|
| 1. challenge to promotion eligibility. (Para 1 , 2) |
| 2. importance of formal charge sheet filing. (Para 3 , 4 , 5) |
| 3. basis of promotion exclusion due to pending charges. (Para 6 , 7 , 8 , 9) |
| 4. key date for charge sheet filing relevance. (Para 10 , 11 , 12) |
| 5. application of the statute regarding promotions. (Para 13 , 14 , 15) |
| 6. distinguished facts from precedent case. (Para 16) |
| 7. petition dismissed for lack of merit. (Para 17) |
ORDER :
ABDUL QUDDHOSE, J.
1. The issue involved in this Writ Petition is whether the respondents were right in not granting promotion to the petitioner. The petitioner has challenged the impugned promotion panel dated 28.02.2020 where his name has not been included for promotion to the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.
2. According to the petitioner, as on the crucial date i.e., on 28.02.2020 when the promotion panel was drawn, no charge sheet was pending against the petitioner and hence, his name is entitled to be included in the promotion panel dated 28.02.2020 drawn for the post of Joint Director of Town and Country Planning in the Town and Country Planning Department.
3. Learned seni
Knowledge of a pending charge sheet against an employee suffices for exclusion from a promotion panel, regardless of whether the charge sheet has been formally filed in court, per Sections II (4) and....
No bar to promotion panel inclusion if charge sheet filed after crucial date per service rules.
Promotion eligibility must be assessed based on the crucial date, not subsequent disciplinary actions, ensuring timely resolution of disciplinary proceedings.
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
Promotion rights cannot be denied based on charges issued after the crucial date for eligibility, as established by the Departmental Promotion Committee's recommendation.
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