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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sarbjit Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
| Table of Content |
|---|
| 1. petition filed under articles 226/227 regarding promotion issues. (Para 1 , 2) |
| 2. petitioner claims wrongful promotion delays and junior advantages. (Para 3 , 4) |
| 3. respondent defends delayed promotion due to pending disciplinary actions. (Para 5 , 6) |
| 4. court reinforces the principle of merit consideration and conducts findings. (Para 7 , 8) |
| 5. final ruling dismissing the petition for lack of merit. (Para 9) |
JUDGMENT :
1. The present petition has been preferred under Article 226 /227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 01.07.2024 (Annexure P-1) whereby the deemed dated of promotion of the petitioner to the post of Circle Assistant has been erroneously determined as 27.11.2013 while it ought to be 28.11.2011.
3. Learned counsel for the petitioner contends that the petitioner was falsely accused of unauthorized release of an electricity connection resulting in initiation of disciplinary proceedings as well as registration of an FIR. However, the same remained pending for a considerable period of time. Meanwhile, several juniors of the petitioner were granted promotion and thereby advanc
An employee penalized for misconduct cannot retroactively claim promotion benefits, affirming that promotion eligibility is contingent upon an unblemished conduct record.
An employee completely exonerated from a disciplinary proceeding is entitled to the salary and benefits of the higher post from the date on which he would have normally been promoted but for the disc....
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....
Promotions of government servants under disciplinary proceedings cannot be granted until they are fully exonerated, as per established legal principles.
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
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....
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
Promotion cannot be denied solely due to pending criminal proceedings; a charge must be framed for such denial to be valid.
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