Uttarakhand Govt Servants Rules 2002 | Adverse Service Report Not Communicated To Employee Can't Be Used To Deny Promotion: High Court

The observation was laid by Justice Manoj Kumar Tiwari:

"Un-communicated adverse report cannot be relied upon to deny promotion to a government servant in view of Rule 5 of "Uttarakhand Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters), Rules 2002. In view of aforesaid statutory provision, an adverse entry, which has not been communicated to petitioner, cannot be relied upon for denying promotion to him."

The petitioner had sought issuance of a writ commanding the State to consider his case for promotion to the post of Head Master Primary School.

He challenged an order passed by District Education Officer (Elementary), Udham Singh Nagar whereby his claim for promotion was rejected on following grounds:-

A) An adverse entry was given to him for the reporting year 2020-21; and

B) Departmental Enquiry is pending against him.

Petitioner submitted that no adverse entry was ever communicated to him in his entire service career. Further, no charge-sheet was issued to him in connection with alleged disciplinary proceedings. Thus according to him, denial of promotion to him is without any reason or justification.

Court noted that it was nowhere stated in the counter affidavit that adverse entry for reporting year 2020-21 was communicated to petitioner. Similarly, there was no averment in the counter affidavit that chargesheet was served upon petitioner.

State also produced before the court letter dated 04.03.2022 issued by District Education Officer where disciplinary proceedings were initiated against the petitioner and he was asked to put forth his version regarding incomplete work of school building construction, failing which recovery proceedings or departmental proceedings would be initiated against him.

The Court said that the said letter cannot be treated as charge-sheet.

"It is settled position in law that departmental/disciplinary enquiry is initiated when charge-sheet is issued against a person. In the present case, there is no charge sheet issued to petitioner, therefore, it cannot be said that disciplinary enquiry is initiated or pending against him. Since criteria for promotion is seniority subject to rejection of unfit, therefore a senior teacher can only be passed over, if he is found to be unfit for promotion. The material brought on record is not sufficient for holding petitioner unfit for promotion."

Accordingly, the petition was allowed and the Competent Authority was directed to re-consider petitioner's claim for promotion, as per law, within six weeks.

Case Title : Veer Singh Yadav v State of Uttarakhand & others.

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