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DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI, PRAKASH SINGH
State of U. P. – Appellant
Versus
Kamlesh Chandra – Respondent
| Table of Content |
|---|
| 1. judgment on promotion application and dpc recommendations. (Para 1 , 2 , 3 , 5) |
| 2. arguments regarding legality of promotion procedures. (Para 4 , 11 , 12 , 13) |
| 3. interpretation of the sealed cover procedure. (Para 14 , 15 , 19 , 40) |
| 4. clarification on jankiraman and its relevance. (Para 23 , 24 , 30 , 34) |
| 5. conclusions and directions for further proceedings. (Para 42 , 43) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. This Full Bench has been formed in furtherance of a referral order passed by a Division Bench which is dealing with a Special Appeal under Chapter VIII, Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 assailing the judgment and order dated 1.7.2021 passed by an Hon'ble Single Judge whereby the Writ Petition No. 11560 (S/S) of 2021 filed by the respondent-petitioner (who will hereinafter be referred to as the 'respondent') has been allowed and a direction has been issued to the State-appellants to proceed on the basis of the recommendations of the Departmental Promotion Committee (which will hereinafter be referred to as 'DPC') dated 1.10.2020 made in favour
The main legal point established in the judgment is that the legal provisions, specifically the OM dated 14th September, 1992, regarding the sealed cover procedure, created a legal impediment to the ....
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....
Promotion procedures require adherence to principles that prevent deferral based on unsubstantiated allegations when no disciplinary action is pending, ensuring fair consideration of eligible candida....
The court ruled that promotions must not be granted when disciplinary proceedings are pending, reinforcing the importance of integrity and legality in public service roles.
Sealed cover procedure for promotion cannot apply unless formal charges exist. Officers suspended but not charged are entitled to promotion based on DPC's recommendations.
The right to consideration for promotion is a fundamental right, and after punishment for misconduct, the course available is to refer the matter before the Departmental Promotion Committee to determ....
Promotion – Sealed Cover Procedure – Disciplinary/criminal proceedings can be said to be initiated against employee only when a charge-memo is issued to employee in a disciplinary proceeding or a cha....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
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