AI Overview...
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Promotion Despite Departmental Proceedings - The courts have consistently held that an employee's promotion cannot be denied solely on the ground of pending departmental or criminal proceedings, especially if the proceedings are not concluded or are of trivial nature. Disciplinary proceedings do not automatically vitiate the promotion process, and promotions can be granted even during pendency, provided the proceedings are not final or conclusively adverse. K. Narayana VS Chief Commissioner of Land Administration, Hyderabad - Telangana, State Of M. P. VS J. S. Bansal - Supreme Court, Indu Bhushan Prasad VS Central Coalfields Ltd. - Jharkhand
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Departmental Proceedings and Promotion - Departmental proceedings should not be kept pending indefinitely, as doing so adversely affects an employee’s right to promotion. Delay in initiating or concluding proceedings should not be used as a basis to deny promotion, especially when charges are trivial or proceedings are of mala fide origin. Courts have quashed proceedings when they were initiated mala fide or on trivial charges. SUSHILA MISHRA VS UNION OF INDIA (UOI) - Orissa, J P Srivastava VS State Of U P - Allahabad, Nookala Ravinder Reddy S/o Late Ramakrishna Reddy VS State of Telangana, Rep. by its Prl. Secretary - Telangana
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Effect of Pendency of Criminal or Vigilance Cases - The pendency of criminal or vigilance cases alone does not justify denying promotion. Recommendations of the Departmental Promotion Committee should not be withheld solely due to investigations or pending cases unless proceedings are concluded adversely or are of a serious nature. Delay or pendency should not be equated with guilt or misconduct. Saroja Kumar Mishra VS Coal India Limited - Orissa, Indu Bhushan Prasad VS Central Coalfields Ltd. - Jharkhand
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Ad hoc Promotions and Disciplinary Proceedings - Employees can be considered for ad hoc or temporary promotions even if disciplinary proceedings are pending, provided these proceedings are not concluded or are of a trivial nature. Inordinate delays or indefinite pendency should not be used as a ground to deny promotions. K. Samuel John S/o Late Charles VS Commissioner of Labour, State of Telangana - Andhra Pradesh, Pramod Chandra Munnu VS State Of Bihar - Patna
Analysis and Conclusion:
The legal consensus indicates that an employee's right to promotion cannot be arbitrarily denied due to pending departmental or criminal proceedings. Promotions can be granted during the pendency of such proceedings unless they are final, conclusive, or of a serious nature affecting the employee's integrity or conduct. Delay or mala fide initiation of proceedings cannot be used to deprive an employee of promotion, and courts have quashed proceedings found to be mala fide or trivial. Therefore, an employee cannot be denied promotion solely on the ground of initiating departmental proceedings, especially if the proceedings are not final or are of a trivial nature.
Search Results for "Employee Cannot be Denied Promotion on the Ground of Initiating Departmental Proceedings"
2020 0 Supreme(Telangana) 851 • India - Telangana
P.NAVEEN RAO
valid – Finding of the court : disciplinary proceedings cannot be said as vitiated only on the ground of ... disciplinary proceedings is legal - Whether petitioner was illegally denied from joining and working in the promotion post on the ... ground that disciplinary proceedings were initiated by the time he was granted promotion and therefore not effecting promotion was ... Petitioner alleges that he was #HL_STAR....
1998 2 Supreme 148 • India - Supreme Court
S.SAGHIR AHMAD, G.B.PATTANAIK
the promotion of the delinquent officer may be given effect to even during the pendency of the departmental proceedings, subject ... proceedings are pending or the employee has been placed under suspension - The ‘Sealed Cover’ could be opened only in the case ... ’ be opened and recommendations of the Departmental Promotion Committee may be given effect to even during the pendency of the departmental ... An employee cann....
1985 0 Supreme(Ori) 352 • India - Orissa
K.P.MOHAPATRA, J.K.MOHANTY
DEPARTMENTAL PROCEEDING - QUASHING - GROUNDS - TRIVIAL NATURE OF CHARGE - DENIAL OF REASONABLE OPPORTUNITY - MALA FIDES OF INITIATING ... She challenged the departmental proceeding on the grounds that the charge was trivial in nature, she was denied reasonable opportunity ... Final Decision: The Court quashed the departmental proceeding against the petitioner. ... Therefore, she has challenged the depar....
2000 0 Supreme(Bom) 962 • India - Bombay
S.RADHAKRISHNAN, B.P.SINGH
(1) and 9(2)-Promotion denied-Result in sealed cover since 1996-No criminal case pending-Charges cleared in 1993-CBI Investigating ... be denied. ... was considered under cloud Hence detained-Held-When name of candidates of guidelines 9(1) were in pendency-Consequential benefits cannot ... is issued to the employee that it can be said that the departmental proceeding/criminal prosecution is initiated against the employee. ... In the year 1986-87 when....
1996 0 Supreme(All) 674 • India - Allahabad
R.A.SHARMA, S.RAFAT ALAM
Departmental proceedings cannot be kept pending for an indefinite period affecting the future promotion of an employee unless there ... In 1995, the petitioner's promotion was denied due to the pending departmental proceedings. ... BANI SINGH AND OTHERS (AIR 1990 SC 1308) - DELAY IN INITIATING DEPARTMENTAL PROCEEDINGS - DENIAL OF PROMOTION ON THE BASIS OF STALE ....
2020 0 Supreme(Telangana) 139 • India - Telangana
P.NAVEEN RAO
even on ad hoc basis when criminal cases are pending cannot be said that such employee is remediless comes clean on the charge of ... as Executive Engineer - Petitioner alleges that on the ground that disciplinary proceedings and criminal proceedings are pending ... on very same issue, he is not considered for promotion - Petitioner prays to declare the action of respondents in initiating and ... Chaman Lal Goyal, (1995) 2 SCC 570, if there is inordinate delay in conc....
2017 0 Supreme(AP) 87 • India - Andhra Pradesh
P.NAVEEN RAO
C) Department dated an employee can be considered for ad hoc promotion only if disciplinary proceedings are not concluded within ... deferred from promotion cannot be faulted since admittedly disciplinary proceedings are pending - Principle laid down by the Supreme ... Promotion Committee Meeting was held - But petitioner name was deferred for promotion until termination of the disciplinary proceedings ... While so, Depart....
2006 0 Supreme(Ori) 389 • India - Orissa
P.K.MOHANTY, N.PRUSTY
SERVICE - Promotion denied to petitioner on the ground of pendency of vigilance case against him - Junior to the petitioner promoted ... PROMOTION - Promotion of an employee cannot be withheld merely because pendency of an investigation for initiation of any disciplinary ... any criminal Court, recommendation of the Departmental Promotion Committee for promotion cannot be withheld only on the basi....
2007 0 Supreme(Pat) 1887 • India - Patna
J.N.SINGH
Ratio Decidendi: The court held that there cannot be a uniform yardstick for quashing departmental proceedings due to delay ... discusses the delay in initiating departmental proceedings against the petitioner, an Assistant Engineer, and the reasons for the ... Issues: The main issue was whether the delay in initiating departmental proceedings against the petitioner warranted quashing ... Whether on that ground t....
2013 0 Supreme(Jhk) 1217 • India - Jharkhand
APARESH KUMAR SINGH
Service Law–Promotion–Promotion cannot be denied on ground of prolonged prosecution in criminal case since it causes prejudice—Case ... of petitioner to be considered for promotion. ... In the aforesaid background, the petitioner, unaware of the fate of the proceeding said to have been initiated against him, approached this Court W.P.S. No 7017 of 2011 after he was denied promotion. ... The respondents had earlier filed a counter af....
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