Matrimonial disputes should not impede government employees' promotion if unrelated to official duties.

ORDER

Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J)

The present Original Application has been filed by the applicant seeking the following relief(s) :-

“(a) quash and set aside impugned orders dated 30.01.2024 (Annexure A/1) and direct restoration of applicant's promotion as Statistical Officer and

(b) consequently, direct the respondents to further consider and promote the applicant to the post of Assistant Director w.e.f. the date due i.e. 01.01.2023.

(c) accord all consequential benefits

(d) award costs of the proceedings

(e) Any other relief which this Hon'ble Tribunal deems fit and proper in favour of the applicant.”

2. The facts in brief are that the applicant was appointed as Statistical Investigator, by way of direct recruitment on 18.04.1996.On 1^st December 2006, upon cadre restructuring, the applicant was assigned to the post of Statistical Assistant(Statistical Investigator re-designated). She was subsequently promoted to the next higher post of Statistical Officer w.e.f. 01.01.2020. She joined the promotional post and has been discharging her duties since then.

The next promotional post is that of Assistant Director (Grp A). The applicant became eligible for the same on completing three years regular service as a Statistical Officerw.e.f. 01.01.2023. The process for promotion was initiated by respondents in March, 2023. Applicant was required to submit a proforma for issuance of vigilance clearance. She has submitted the relevant proforma on 05.02.2023. It would be pertinent to mention that Smt. Kajal w/o Shri Rajiv Suhag, (younger brother of the applicant) had got registered a false FIR under Section 498 (A) 406/34 IPC on 06.03.2016 against her husband (i.e. brother of the applicant) due to a marital discord. Infact, Smt. Kajal isthe sister-in-law of the applicant and is presently residing in her matrimonial home along with her son born out of the wed lock with the brother of the applicant.

3. The applicant was also mentioned as a proforma partyaccusedin the said FIR. The applicant, while submitting her proforma for vigilance clearance for her next promotion, had intimated the pendency of this FIR. As such did not mislead or conceal any information.

4. On 30.01.2024, the applicant was shocked to receive the impugned order whereby the applicant has been reverted from the post of Statistical Officer to the lower feeder cadre post of Statistical Assistant, cancelling the promotion of the applicant dated 01.01.2020. The applicant has not only been reverted by cancelling the promotion order but she also lost her chance to next higher post to the post of Assistant Director which is a Group ‘A’ post, leading to a huge loss to the applicant. Hence, this OA.

5. Counter reply has been filed on behalf of the respondents. In the counter it has been stated that the applicant, Ms. Kavita was recommended for promotion to the post of Statistical Officer by the DPC dated 31.12.2019 based on clear vigilance report submitted by her then administrative department i.e. Deep Chand Bandhu Hospital, GNCTD vide letter dated 05.07.2019.

6. Accordingly, promotion order dated 01.01.2020 was issued. However, now it has come to notice that a criminal case u/s 498A/406/34 was pending against the brother of Ms. Kavita (husband of the complainant and family members including Ms. Kavita) at the time of DPC dated 31.12.2019.

7. In the process of promotion of eligible Statistical Officers to the post of Assistant Director, the office sought IC/VC/WC of the officers from the concerned administrative departments.

8. In this context, the present administrative department, viz. Transport Department, GNCTD of the applicant has conveyed vide letter dated 26.04.2023 that as per the details provided by the officer, an FIR