Promotion upon assumption of duties validly contingent upon completion of disciplinary proceedings; no vested rights to promotion established.

ORDER (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) Quash communication/order bearing No. GADT/II/(3)/33/2024-ADMN AND PERS-O/o COMMR- CGST-ADT-I-Bengaluru dated 26.11.2024 issued by the 4th Respondent (Annexure A10) by issue of a writ in the nature of certiorari and grant all consequential benefits.

(ii) Declare the condition imposed in paragraph no. 7 of the Establishment order no. 219/2024 bearing no. FILE No- GCCO/II/3/PROM/2/2024-ESTT-O/o Pr. CC-CGST-ZONE- BENGALURU dated 27.09.2024 issued the 3rd respondent as void, non-Est in law and not enforceable (Annexure A3) by issue of a writ in the nature of mandamus.

(iii) Issue such other appropriate writ, order or direction as this Hon’ble Tribunal deems fit to grant in the interest of justice and equity, including the award of costs of this Original Application.”

2. Facts in brief as narrated by the applicant are that the applicant joined the services of the respondents by way of direct recruitment as Inspector of Customs on 25.04.2016. In the year 2024, the Departmental Promotion Committee proceedings were held and the name of the applicant was considered for the purpose of promotion. However, due to ongoing departmental inquiry against the applicant, his promotion to the cadre of Superintendent was kept under sealed cover. As a result of the departmental inquiry, the Disciplinary Authority imposed a penalty of two stage reduction in time scale. On the challenge made to the said order in appeal by the applicant, the Appellate Authority modified the penalty by reducing to a lower stage by one stage in the time scale for a period of one year with effect from 26.09.2023. In this background, the promotion of the applicant was kept in a sealed cover and was not given effect. In terms of the penalty order, the period of one year having come to an end, the promotion order was notified on 27.09.2024 by the 3^rd respondent. Accordingly, the applicant was promoted to the post of Superintendent of Central Tax on regular basis with effect from the date of assumption of charge in the promotional post. On 04.10.2024, a communication was issued by the Assistant Commissioner of Customs stating that the applicant has been promoted to the post of Superintendent but as per Para No. 7 of the order of promotion, since there is a charge memo dated 04.10.2024 pending against the applicant, he may not be allowed to assume the charge as Superintendent. On the same day i.e., on 04.10.2024, a new charge memo was issued against the applicant alleging certain irregularities that had occurred while discharging his duties. The said communication and charge memo both dated 04.10.2024 and the order of promotion dated 27.09.2024 came to be served upon the applicant by another communication dated 07.10.2024. Pursuant to which, the applicant made representation seeking permission to assume charge of his promotional post, but in vain. In pursuant to the subsequent representation dated 16.10.2024, the 4^th respondent issued a communication/order dated 26.11.2024 rejecting the request of the applicant for assuming charge to the promotional post, further stating that his promotion will be deemed to be placed in a sealed cover and the same is to be considered again for Annual DPC for 2025. Being aggrieved, the applicant has preferred this OA.

3. Learned counsel Ms. M.L. Suvarna representing the applicant submitted that consequent to th