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 (5) of the Tamil Nadu Government Servants Act.

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 senior counsel for the petitioner drew the attention of this Court to Section II (4) and (5) of Part - A in Schedule XI of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and would submit that as per the said Rules, the charge sheet will have to be filed into Court and it is not sufficient if the respondents have been informed about the proposed charge sheet to be filed by the prosecuting agency.

4. Learned senior counsel for the petitioner also drew the attention of this Court to the following authorities:

a) Decision rendered by a learned Single Judge of this Court dated 29.06.2006 in W.P.(MD).No.1515 of 2006;

b) Decision rendered by a learned Single Judge of this Court dated 17.04.2008 in W.P.(MD).No.474 of 2008;

c) Decision rendered by a learned Single Judge of this Court dated 05.03.2019 in W.P.No.17697 of 2018.

5. Relying upon the aforesaid authorities, the learned senior counsel appearing for the petitioner would submit that the charge sheet ought to have been filed into Court on or before the crucial date i.e., on or before 28.02.2020 and only then the respondents can deprive the petitioner from promotion.

6. Per contra, learned Special Government Pleader appearing for the respondents drew the attention of this Court to the Judgment of Hon'ble Supreme Court in the case of West Bengal Central School Service Commission and Others Vs. Abdul Halim and Others reported in 2019 (18) SCC 39 and would submit that this Court while exercising its power under Article 226 of the Constitution of India is not exercising Appellate power. According to him, only when there has been a breach of any fundamental or legal right of the petitioner, or there has been a lapse in performance by the respondents of a legal duty, this Court has the power to interfere with the promotion panel which has been impugned in this Writ Petition.

7. Learned Special Government Pleader appearing for the respondents also drew the attention of this Court to the communication dated 24.10.2019 sent by the Directorate of Vigilance and Anti-Corruption, Chennai - 600 016, the prosecuting agency to the Principal Secretary to Government, Housing and Urban Development (UD2(1)) Department, Chennai - 600 009, wherein, the Principal Secretary has been informed that, on 15.07.2019, a charge sheet was filed against the petitioner before the Special Court for cases under Prevention of Corruption Act, Coimbatore.

8. Relying upon the aforementioned communication dated 24.10.2019, the learned Special Government Pleader would submit that having received information as early as on 24.10.2019, about the filing of the charge sheet against the petitioner, the respondents were right in not including the petitioner's name in the impugned promotion panel dated 28.02.2020, as on the crucial date i.e.