Uttarakhand Govt Servants Rules 2002 | Adverse Service Report Not Communicated To Employee Can’t Be Used To Deny Promotion
Case: Veer Singh Yadav v State of Uttarakhand & others.
Coram: Justice Manoj Kumar Tiwari
Case No.: Writ Petition (S/S) No. 1306 of 2022
Court Observation: “Un-communicated adverse report cannot be relied upon to deny promotion to a government servant in view of Rule 5 of “Uttarakhand Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters), Rules 2002. In view of aforesaid statutory provision, an adverse entry, which has not been communicated to petitioner, cannot be relied upon for denying promotion to him.”
“It is settled position in law that departmental/disciplinary enquiry is initiated when charge-sheet is issued against a person. In the present case, there is no charge sheet issued to petitioner, therefore, it cannot be said that disciplinary enquiry is initiated or pending against him. Since criteria for promotion is seniority subject to rejection of unfit, therefore a senior teacher can only be passed over, if he is found to be unfit for promotion. The material brought on record is not sufficient for holding petitioner unfit for promotion.”
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Keywords
Uttarakhand Govt Servants Rules, Deny Promotion, Uttarakhand Govt Servants Rules 2002, Communicated To Employee
