Promotion can be reversed if based on incorrect information regarding pending criminal charges, adhering to DoPT guidelines on sealed cover procedures.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 claiming the following reliefs:

“(a) To quash the Order No. HQ. ADMN: A.20 (5)-3/2024 dated 08.03.2024. Annexure-A8,

(b) Direct the respondents to extend all consequential benefits to the applicant accordingly and

(c) Grant such other relief deemed fit, having regard to the facts and circumstances of the case.”

2. The reliefs are claimed on the grounds as mentioned in paragraphs 5(i) to (iv) of the Original Application. The brief facts as narrated by the applicant are that the applicant was a permanent resident of Vishakapatnam and had been working as Senior Assistant in Indian Space Research Organisation Head Quarters, Bengaluru. He was due for promotion to the post of Administrative Officer. In the meantime, his wife filed a complaint against the applicant and his family members for offence under Section 498-A of IPC and for dowry harassment in the Women Police Station in Vishakapatnam City.

3. When the criminal proceeding was under investigation, the applicant was promoted as Administrative Officer and the authorities came to know that a charge sheet was filed in the criminal proceeding against the applicant and others on 17.09.2022. The respondent No.2 reverted the applicant by an order dated 08.03.2024 to the post of Senior Assistant treating his case for promotion as placed in a sealed cover to be opened after conclusion of the criminal proceeding. The applicant has filed this application challenging the order of his reversion and seeking the aforementioned reliefs.

4. On notice, the respondents have filed their reply statement. No rejoinder has been filed.

5. The case came up for final hearing on 14.2.2025. Shri P.Kamalesan for the applicant and Shri.Vishnu Bhat for the respondents were present and heard.

6. We have carefully gone through the entire records and considered the rival contention.

7. Let us examine the grounds made out by the applicant one by one in this Original Application.

8. In paragraph 5(i), the applicant submits that he has been promoted as Administrative Officer as per the order dated 21.08.2023. He assumed the charge of the post of Administrative Officer on 21.08.2023 itself. Hence, the question of placing his case in a sealed cover subsequently does not arise. The reversion of the applicant as Senior Assistant in terms of the Office Order dated 08.03.2024 Annexure-A8 is bad in law.

9. Further, in paragraph 5(ii), the applicant submits that there is no provision of law or DoP&T instruction which stipulates that an official can be reverted/demoted based on the pending criminal proceeding. In any event, the issue of Annexure-A8 dated 08.03.2024 was not preceded with giving the applicant an opportunity of being heard. Hence, Annexure-A8 has been issued reverting the applicant without following the principles of natural justice.

10. Further in paragraph 5(iii), the applicant submits that the criminal proceeding pending against the applicant has nothing to do with his official transactions. It is not connected with the course of his duties, but purely personal. As such, there is no basis for the departmental authorities to punish the applicant taking advantage of his domestic problems.

11. Further in paragraph 5(iv), the applicant submits that imposition of a penalty or denying a benefit to an official cannot be done with retrospective effect. The position of law can be given effect to from a prospective date only.

12. To which the respondents in their reply statement said that the promotion order was issued to the applicant as per the vigilance clearance obtained at the relevant point of time, which in turn was based on the report given by the Police authorities stating that the FIR filed against him was under investigation. Since the applicant is an employee of ISRO HQ and given posting in ISRO HO itself, he could assume charge of the promoted post on the same day. However, when v