IMPORTANT POINT
Promotion cannot be denied without a valid punishment as per applicable rules, emphasizing seniority in non-selection posts.

JUDGMENT:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order, dated 13.03.2024 passed in W.P.No.21769 of 2021 by a learned Single Judge of this Court, the present Writ Appeal is filed.

2. Heard the learned Government Pleader for Services-I appearing for the appellants and Sri P.V. Ramana, learned counsel for the respondent.

3. Learned Government Pleader appearing for the appellants had contended that while the respondent was working as Forest Section Officer, disciplinary proceedings were initiated against the respondent by the disciplinary authority alleging that the respondent had connived with those encroaching on the forest land and that resulted in encroachment. After conducting departmental enquiry and for the proven misconduct, the disciplinary authority has imposed a punishment of stoppage of one (1) annual grade increment without cumulative effect besides recovery of an amount of Rs.14,249/- vide proceedings, dated 18.07.2014. The case of the respondent was not considered for promotion to the post of Deputy Range Officer on the ground that the charge memo was pending against the respondent.

4. Challenging the orders passed by the disciplinary authority, the respondent has preferred an appeal to the appellate authority and the appellate authority was pleased to modify the punishment of ‘stoppage of one (1) annual grade increment without cumulative effect’ to that of ‘warning’ and dropped the punishment vide proceedings, dated 29.09.2014. Thereafter, the respondent was seeking promotion to the post of Deputy Range Officer on par with his junior. The case of the respondent was considered and the same was rejected vide proceedings, dated 13.07.2021 on the ground that if the appellate authority has modified the punishment as warning, then, such case has to be considered for promotion to the next higher post with prospective effect only, but not with retrospective effect, that too on par with his junior.

5. Learned Government Pleader had further contended that as per G.O.Ms.No.331, dated 03.05.2013, the State Government has taken a policy decision that promotions shall be considered with prospective effect only in respect of the cases where the appellate authority have modified the punishment on humanitarian grounds with warning to be more careful in future. Accordingly, the appellants have considered the case of the respondent and the same was rejected in terms of G.O.Ms.No.331, dated 03.05.2013. Aggrieved by the said rejection orders, the respondent has approached this Court by filing W.P.No.21769 of 2021 and the learned Single Judge of this Court was pleased to allow the Writ Petition in favour of the respondent vide order, dated 13.03.2024, without appreciating any of the contentions raised by the appellants.

6. Learned Government Pleader had further contended that the appellate authority has not fully exonerated the respondent, but has given a warning to be careful in future, which would mean that the charge levelled against the respondent was held to be proved and the same was upheld by the appellate authority with a warning. Since, the respondent was not fully exonerated, the question of considering the case of respondent for promotion to the post of Deputy Range Officer on par with his junior with retrospective effect, would not arise.

7. Learned Government Pleader had further contended that initially the disciplinary authority has imposed two punishments viz., stoppage of one annual grade increment without cumulative effect and recovery of an amount of Rs.14,249/-. Since, the respondent has suffered the punishment of recovery and amount was also recovered from the respondent, the question of considering the case of respondent for promotion to the post of Deputy Range Officer on par with his junior would not arise. Therefore, appropriate orders be passed in the Writ Appeal by setting aside the order, dated 13.03.2024 passed in W.P.No.21769 of 2021 by the learned Single Judge and allow the Writ Appea