Promotion cannot be denied based on disciplinary proceedings that were not pending at the time of the DPC meeting, reaffirming the necessity of proper procedural adherence.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 16.08.2023 passed by the Karnataka State Administrative Tribunal, Belagavi in Application No.10199/2023, whereby the application filed by the petitioner was disposed off.

2. Brief facts of the case are that, the petitioner was appointed as Warder in the Prison and Reforms Department on 21.02.2012 and presently, he is working in Central Prison, Ballari. Respondent No.2 published a provisional seniority list of Warders on 20.01.2022, in which, the petitioner’s name is shown at Sl.No.12 of Hyderabad-Karnataka Region list. Based upon the said list, respondent No.2 called for service particulars of Warders, vide Memorandum dated 12.04.2022, who are working in the Residual Parent Cadre and also HK Region, wherein the petitioner’s name is shown at Sl.No.11 of HK Region. On 19.10.2020, the Superintendent of Ballari Prison made a recommendation that there are no disciplinary proceedings pending against the petitioner and he is eligible for promotion. Departmental Promotion Committee ‘DPC’, for short meeting under the Chairmanship of respondent No.2 was held on 26.08.2022, wherein the petitioner’s name was not considered for promotion on the ground that report is submitted to the Government to initiate action against the petitioner, as he has allowed one prisoner Mr.Yusuf Bacha Khan to use mobile phone inside the prison. Thereafter, as per notification dated 30.08.2022, case of the petitioner was not considered and junior to that petitioner’s case has been considered for promotion. Thereafter, he submitted a representations dated 1.9.2022 and 6.9.2022 to respondent No.2 and requested to consider his candidature as per the Seniority List. Respondent No.2 issued an endorsement dated 2.11.2022 stating that since disciplinary proceeding is pending against the petitioner, his case cannot be considered. Being aggrieved by the same, the petitioner filed an application before the Tribunal in Application No.10199/2023. The Tribunal under impugned order dated 16.08.2023 disposed off the application with the following direction:

“Accordingly, we dispose this application, with a direction to the 1st respondent to complete the departmental enquiry proceedings which are commenced by issuance of charge memo against the applicant and based on the out-come of the departmental enquiry proceedings, to take a decision regarding considering the case of the applicant for promotion, within a period of six months from the date of receipt of certified copy of this order. The applicant is also directed to cooperate with the respondents in all stages of the enquiry.”

Being aggrieved by the same, the petitioner is before this Court in this petition.

3. Sri.Raghuveer R Sattigeri, learned counsel for the petitioner submits that sealed cover procedure can be adopted and promotion can be denied only if the proceedings are initiated as on the date when DPC considered the claim of promotion. It is submitted that when DPC conducted meeting on 26.08.2022, there was no disciplinary proceedings pending against the petitioner. He also places reliance on judgments of co-ordinate Bench of this Court in WP No.102595/2023, dated 5.10.2023 and WP No.19407/2023, dated 11.07.2024, wherein case of the similarly situated person has been considered and direction has been issued to consider the case of the petitioner therein for promotion.

4. Learned AGA appearing for the respondents/State does not dispute the order passed by co-ordinate Bench of this Court referred to supra, in respect of similarly situated persons.

5. Heard the learned counsel for the parties and perused writ petition papers.

6. Respondent No.2 published a provisional seniority list of Warders on 20.01.2022. Based on the said list, respondent No.2 called for service particulars of Warders vide Memorandum dated 12.04.2022, who are working in the Residual Paren