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High Court Directs Review DPC for Ad-Hoc Promotion of Government Servant with Pending Criminal Case

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the court has directed the constitution of a Review Departmental Promotion Committee (DPC) to consider the ad-hoc promotion of a government servant who had a pending criminal case against him. The judgment emphasized the importance of following the “sealed cover procedure” and ensuring that no irreversible prejudice is caused to an employee’s career progression while safeguarding the department’s interests.

Highlighting the procedural lapse, the court stated, “The fault was of the respondents in not furnishing complete particulars to DPC.” The petitioner, who was found eligible for promotion without knowledge of the pending criminal charges, suffered the reversal of his promotion after three years and five months. The court recognized that the petitioner had suffered immense loss of reputation and dignity due to the procedural irregularity.

Citing relevant rules and guidelines, the court remarked, “Had the Sealed Cover Procedure been followed in 2018 when the promotions were made, the petitioner after the lapse of two years would have become entitled to ad hoc promotion.” It further emphasized the need for a Review DPC to assess the petitioner’s suitability for ad-hoc promotion, as discretion lies with the DPCs/Selection Committees.

The court directed the respondents to constitute the Review DPC within 30 days, considering the petitioner for ad-hoc promotion in accordance with the rules. The entire process is expected to be completed within one month, entitling the petitioner to all consequential benefits from the date of assuming the position of Inspector, General Duty.

This ruling serves as a reminder to authorities to diligently follow the prescribed procedures and consider the individual circumstances of employees, ensuring their career progression is not unduly hindered due to administrative lapses.                   

Date of Decision: July 18, 2023

PRADEEP SINGH RAWAT  vs UNION OF INDIA & ANR.

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