Title: Jayashree And State of Karnataka & Others
Case no.: WRIT PETITION NO. 102595 OF 2023
Decided on: 5th October, 2023
Coram: Justice S.R. Krishna Kumar and Justice G Basavaraja
Introduction
The Karnataka High Court made the observation that in case of a pending criminal complaint against an employee, unless and until a charge sheet is filed or articles of charge has been issued, his promotion cannot be denied. The division bench consisting of Justice S.R. Krishna Kumar and Justice G Basavaraja, further held in this matter that as neither Charge Sheet was filed nor Articles of Charge had been issued to the petitioner, hence, respondents were wrong in adopting a sealed cover procedure and deny promotion to the petitioner
Facts of the case
This petition have been filed by the applicant challenging the impugned order passed by the Karnataka State Administrative Tribunal. The petitioner is working as a Village Accountant with the respondent. A Departmental Promotion Committee (DPC) Meeting was held to consider the candidates for promotion including the petitioner. However, due to a pending criminal complaint against him, he was denied promotion. Subsequently, a chargesheet was also filed. The petitioner then approached the tribunal which dismissed his petition. Hence, the petitioner is challenging the impugned order before this court.
Court’s observation and analysis
The Karnataka High Court in this matter held that the procedure of maintaining a sealed cover and refusing promotion can be adopted by the respondent only in case where charge sheet has already been filed or Articles of Charge has already been issued as against the alleged delinquent official as on the date of DPC Meeting, which can be clearly inferred by taking into account the State Government circular.
The court made reference to the Supreme Court cases of Union of India Vs. K.V.Janakiraman, (1991)4 SCC 109 andUnion of India Vs. Anil Kumar Sarkar, (2013)4 SCC 161 wherein it was held that mere pendency of criminal proceedings cannot be made the basis or come in the way of the promotion of a person who is otherwise eligible.
In, the present case, the denial of promotion to the petitioner was not valid as no chargesheet or articles of charge was issued against the petitioner during the DPC meeting. A chargesheet was only filed subsequently.
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Written by- Amrita Rout
