Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee

Case: Tanveer Ahmad Khan Vs JK BOSE

Coram: Justice Javed Iqbal Wani

Case No.: SWP No. 1065/2017

Court Observation: “The promotion, etc. cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. To deny the said benefit, they must be at the relevant time pending at the stage when charge memo/charge-sheet has already been issued to the employee.”

“Promotion is not a fundamental right. Right to be considered for promotion, however, is a fundamental right. Such a right brings within its purview an effective, purposeful and meaningful consideration. Suitability or otherwise of the candidate concerned, however, must be left at the hands of the DPC, but the same has to be determined in terms of the rules applicable therefor”

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Keywords

Promotion Cannot Be Denied, Criminal Proceedings Pending