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Charge-sheeted Govt staff could seek promotion if punitive action fails: HC

Our Legal Correspondent

Chennai , Jan. 7

If a Government servant got a verdict in his favour through a court, still authorities could decide as to the effect of that verdict and on finding that such a verdict was only technical in nature, could take further action. Till such time action was taken, there would be a deemed suspension of the direction, the Madras High Court has held.

Hearing a writ petition from a record clerk (Ms V. Chandra) in Commercial Taxes Department, Tenkasi, challenging an order dated May 17, 1995 of the Department of Personnel & Administrative Reforms, regarding her plea for promotion vis-a-vis a charge sheet issued to her, Mr Justice K. Chandru said that while the impugned order prevented a guilty officer from getting undue promotion, yet, at the same time, it guaranteed promotion once disciplinary proceedings were finally decided in favour of the employee.

The petitioner, who joined service in 1989, was qualified to be promoted as a junior assistant. On October 3, 2000, a charge memo was issued to her under Civil Services (Discipline & Appeal) Rules. An enquiry was held and a report was submitted to the Government.

The petitioner moved the TN Administrative Tribunal praying for stay of the report. The Tribunal granted ex parte order of interim stay of the report. Subsequently, it was abolished. The petitioner came with the present writ petition to consider her promotion in view of the stay by the Tribunal of the report of enquiry officer.

On behalf of the petitioner, it was submitted that the impugned letter dated May 17, 1995 was unconstitutional, arbitrary and violative of Article 14 of Constitution. The Government said that the interim stay was only an ex parte order and it was only with reference to the report holding employee guilty. This, by itself, would not amount to stay of charge sheet given to her earlier.

The Judge said that the impugned GO did not suffer from arbitrariness to come within wrath of Articles 14 & 16 of the Constitution. On the contrary, the direction was salutary as otherwise on the strength of interim orders, persons might claim for promotion. If ultimately the case of the said employee failed before the Tribunal, then it would be an awkward situation for the Government to demote the employee.

While dismissing the writ petition, the Judge directed that since the impugned order was held to be valid in the eye of law, the further direction sought for by the petitioner to promote her could not be granted at this stage.

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