Mere contemplation of disciplinary proceeding is not bar for promotion: Karnataka High Court

Promotional prospects of an otherwise eligible government employee cannot be sealed or deferred solely on the basis of “mere contemplation of disciplinary action” in the absence of service of a charge sheet of disciplinary proceeding on the employee on the date of assessment for promotion, the High Court of Karnataka has ruled.

The departmental proceedings, the court said, are deemed to commence only upon the formal issuance of a charge sheet, and “neither the act of suspension nor the issuance of a show cause notice has the effect of initiating disciplinary proceedings.”

“The crucial date for determination of the eligibility is the date on which the Departmental Promotion Committee convenes to assess promotion. Only if, on that date, the officer suffers disqualification by virtue of an already issued charge sheet, can his case be legitimately withheld,” said Justice M. Nagaprasanna, while allowing a petition filed by Maruthi Rao, an assistant accounts officer of Karnataka Power Transmission Corporation (KPTCL).

The petitioner’s case for the promotion to the post of accounts officer was assessed by the Department Promotion Committee on April 16, 2018, and later the decision on his promotion was kept in a sealed cover for the reason that “the disciplinary proceedings are contemplated” against him while promoting others, including his juniors.

The court noted that the petitioner was suspended on August 22, 2014, and suspension was revoked November 12, 2014, and the charge sheet was served on him only on October 29, 2021, nearly four years after he was considered for promotion by the committee. “Though suspension is never a disability for consideration of promotion, even that was not in subsistence when he was considered for promotion,” the court pointed out.

“The charge sheet or charge memo, surfacing years after the Departmental Promotion Committee convened for assessment to consider for promotion, cannot retrospectively deprive the petitioner of a promotion that he was rightfully due and ought to have been granted upon the fair assessment of his representation for promotion,” the court said.

The court directed the KPTCL to promote the petitioner to the post of accounts officer with effect from April 16, 2018 within eight weeks.