Past Censure Cannot Bar Employee's Consideration For Promotion: Rajasthan High Court

The Rajasthan High Court has held that irrespective of the penalty being imposed on an employee, the Departmental Promotion Committee (DPC) can adjudge the suitability of an employee for promotion, and the consideration itself could not be denied merely on the ground of imposed penalty.The bench of Justice Farjand Ali was hearing a petition challenging the petitioner's (Lecturer) denial of promotion for the year 2022-23 by the DPC merely on account of his past penalty of censure in the year 2019, declaring him ineligible for promotion on that ground.It was the case of the State that since the petitioner was punished with the penalty of censure in last seven years, the petitioner was not considered for promotion since that was a natural consequence and effect of the penalty. On the contrary, it was submitted on behalf of the petitioner that only on account of penalty of censure his non-consideration for promotion was not justified since the criteria for promotion was seniority-cum-merit in which case penalty could not be the criteria for denying the promotion. After hearing the contentions, the Court made a reference to a coordinate bench decision of Sate of Rajasthan & Ors. v Ashok Singhvi and stated that, “The Division Bench clearly opined that the DPC irrespective of the penalty imposed can adjudge the suitability of the incumbent for promotion and that the consideration itself cannot be denied.”In this background, the Court allowed the petition and directed the respondents to consider the petitioner for the 2022-23 promotion. It was held that in case promotions were already accorded, a review DPC shall be held, and petitioner's case shall be considered. Title: Manish Bhargava v the State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 385Click Here To Read/Download Order

Past Censure Cannot Bar Employee's Consideration For Promotion: Rajasthan High Court

Nupur Agrawal

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