Judicial Officer Can't Be Denied Promotion Based On Complaint Which Did Not Lead To Any Disciplinary Action: Chhattisgarh High Court
The Chhattisgarh High Court has held that mere deferment of an employee's promotion on the basis of a complaint, which did not culminate in any departmental enquiry, disciplinary proceedings or adverse finding, cannot permanently operate to the employee's detriment by denying consequential seniority and promotional benefits. The Court observed that once the employee was subsequently found fit...
The Chhattisgarh High Court has held that mere deferment of an employee's promotion on the basis of a complaint, which did not culminate in any departmental enquiry, disciplinary proceedings or adverse finding, cannot permanently operate to the employee's detriment by denying consequential seniority and promotional benefits. The Court observed that once the employee was subsequently found fit for promotion on the basis of the same service record, there was no justification to deny consideration for consequential service benefits.
Justice Amitendra Kishore Prasad was hearing a writ petition filed by a judicial officer challenging the deferment of her promotion and the denial of restoration of her original seniority. The petitioner had become eligible for promotion, but her case was kept in the category of "deferred" while her juniors were promoted. The deferment was based on a complaint made by the Superintendent of Police, Durg, arising out of judicial orders passed by the petitioner. No departmental enquiry or disciplinary proceedings were ever initiated. The petitioner was subsequently promoted on 12.08.2016, but without restoration of her original seniority. Her representation seeking restoration of seniority was rejected by a memorandum dated 21.02.2018.
The Court found that the petitioner's case had been deferred solely on account of the complaint and that the complaint never culminated in any finding of misconduct or adverse action against her. It noted that the Departmental Promotion Committee had not declared the petitioner unfit for promotion and that she was subsequently promoted on the basis of substantially the same material which had been available before the earlier Departmental Promotion Committee.
The Court observed that mere deferment of consideration, founded solely upon a complaint that did not culminate in any adverse action, could not be permitted to operate permanently to the detriment of the petitioner's service career.
“Once the complaint did not culminate in any disciplinary proceedings, enquiry, punishment or adverse finding, the deferment ceased to have any legal significance. Consequently, the petitioner cannot be made to suffer adverse service consequences merely because her case was temporarily deferred pending consideration of a complaint that ultimately proved inconsequential,” the Court observed.
The Court further observed that the rejection of the petitioner's representation was a cryptic, non-speaking order assigning no reasons. It held that the objection regarding delay and laches could not be examined in a purely technical manner since the claim related to promotion and consequential seniority during service, which had recurring civil consequences affecting future promotional avenues and service benefits.
The Court noted that the action of the respondents fails on the touchstone of fairness and equality enshrined under Articles 14 and 16 of the Constitution of India
Accordingly, the Court allowed the writ petition and directed the competent authority to reconsider the petitioner's claim for promotion and consequential seniority from the year 2014.
Case Title: Chhaya Singh v. High Court of Chhattisgarh & Ors. [WPS No. 7379 of 2023]