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AKIL KURESHI
Rajdev Singh Yadav – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. dismissal of the petition (Para 1 , 4 , 16) |
| 2. factual basis for promotion denial (Para 2 , 3) |
| 3. arguments on promotion and allegations (Para 5) |
| 4. guidance from supreme court cases (Para 6 , 7 , 8 , 9) |
| 5. procedures under assam rifles act (Para 11 , 12 , 13) |
| 6. final observations and directions (Para 14 , 15) |
JUDGMENT
The petitioner has challenged departmental communications under which his request for promotion has been rejected.
[2] Brief facts are as under :
The petitioner is holding the post of Second-in-Command in Assam Rifles. On 31.07.2015 Assam Rifles issued what is titled as “tentative charge-sheet” in which it is alleged that while working in the Directorate General of Assam Rifles at Shillong between 6th December 2012 to 14th January, 2015 the petitioner failed to establish the source of cash deposits of Rs.17,43,994/- in his bank account which was done during the period between 10th December, 2011 to 3rd March, 2014. It is also alleged that the petitioner failed to establish the source of two fixed deposits of Rs.11,83,861/- and Rs.10,82,233/- in his bank accounts during the same period. Subsequently, on 29.07.2019 the first information report was also lodge
A government servant's right to promotion can be denied due to serious allegations if a charge-sheet is issued or a criminal investigation is ongoing.
The mere pendency of a criminal case does not justify withholding promotion without formal charges, violating principles of natural justice and discrimination.
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....
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
The right to promotion of an employee under investigation is affirmed, as promotion cannot be denied based on mere FIR registration when juniors are promoted prior to charge-sheet filing.
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
Promotion cannot be denied solely due to pending criminal proceedings; a charge must be framed for such denial to be valid.
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.
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