Can't Withhold Officer's Promotion When Chargesheet Was Served After Completion Of Exercise: Uttarakhand High Court Reiterates

The Uttarakhand High Court stayed an order which had put on hold the promotion of a man as a Forest Range Officer, based on a charge-sheet issued against him which was served to him after the promotion exercise. In doing so the court reiterated that withholding of promotion of an individual on the ground that charge-sheet was issued on a date anterior to holding of promotion exercise cannot be sustained in law, particularly when the chargesheet had not been served on the employee at the time when his promotion was considered.The Court was dealing with a writ petition where the petitioner was initially appointed as a Forester in 1995, and later promoted as Deputy Forest Ranger in 2013. Later– vide an order dated June 10, 2024, the petitioner was promoted to the post of Forest Range Officer on the recommendation of the Uttarakhand Public Service Commission and assumed office on June 12, 2024. However, his promotion was kept in abeyance by an order passed on June 14, 2024 (impugned order), on the grounds that a charge-sheet was issued against him on May 4, 2024. The said-chargesheet was subsequently served upon the petitioner on May 13, 2024.Challenging the impugned order, the aggrieved petitioner submitted that the Uttarakhand PSC held the promotion exercise on May 6, 2024. He argued that even though the charge-sheet was issued on May 4, 2024, the charge-sheet was served subsequent to holding of promotion exercise, i.e. on May 13, 2024, and thus cannot take away the right of the petitioner to hold the promoted post. The petitioner referred to Bank of India and another v. Degala Suryanarayana [(1999) 5 SCC 762], and Union of India and others v. K.V. Jankiraman and others [(1991) 4 SCC 109], whereby the Supreme Court had given effect to respective promotions despite subsequent disciplinary proceedings, since no chargesheet was served when the promotion was considered. Finding force in the submission of the petitioner, Justice Manoj Kumar Tiwari held,“Since petitioner's claim for promotion was considered at a time when no charge- sheet was served upon him, therefore, withholding of benefit of promotion from him only on the ground that charge-sheet was issued on a date anterior to holding of promotion exercise cannot be sufficient for passing the impugned order.”Accordingly, the matter was listed on February 16, 2026, for further hearing, until when the impugned order was directed to remain stayed.Case Details:Case Title: WPSS No. 1672/2024Click Here To Read/Download Order

Can't Withhold Officer's Promotion When Chargesheet Was Served After Completion Of Exercise: Uttarakhand High Court Reiterates

Saahas Arora

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