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If employee exonerated from criminal case- no reason to continue his name in the list of persons of doubtful integrity

Raj Kumar Makkad ,
  15 October 2011       Share Bookmark

Court :
Central Administrative Tribunal
Brief :
Whether order of punishment would come in the way of promotion of the applicant after six years when his name came up for consideration for promotion to the post of Head Constable? - Held, reason that the applicant was facing a criminal case for which only the impugned orders have been passed was incorrect.
Citation :
Harvir Singh S/o Late Dharam Vir vs (1) Commissioner of Police, Delhi, PHQ, New Delhi; (2) Deputy Commissioner of Police, Establishment, PHQ, New Delhi; (3) Joint Commissioner of Police, Establishment, PHQ, New Delhi; (4) Deputy Commissioner of Police, Vigilance, PHQ, New Delhi [CENTRAL ADMINISTRATIVE TRIBUNAL, 27 Sep 2011]


Service - Promotion - Applicant was appointed as Constable in Delhi Police on 03.03.1986 - In 2001, a departmental enquiry was initiated against him - Disciplinary authority passed order against the applicant wherein he was inflicted the punishment of reduction in pay for two years - Thereafter, name of the applicant was brought into the secret list of persons of doubtful integrity - After six years, applicant was promoted to the rank of Head Constable - Subsequently, case of the applicant as regards his name being on secret list of persons of doubtful integrity was reviewed by the respondents from back date - Show cause notice was issued to applicant and his name was cancelled from the Promotion List meant for promotion to the post of Head Constable - Appeal filed thereagainst was rejected - Hence, instant OA - Whether order of punishment would come in the way of promotion of the applicant after six years when his name came up for consideration for promotion to the post of Head Constable? - Held, reason that the applicant was facing a criminal case for which only the impugned orders have been passed was incorrect - Once, the basis on which the impugned orders have been passed was found to be incorrect, the said orders have to be set aside - Further, if there was nothing against the applicant after 2004, said punishment would not come in his way in the matter of promotion and further that there would be no reason to continue his name in the list of persons of doubtful integrity - Hence, applicant would continue with his status after he was promoted immediately before the impugned orders were passed - OA allowed.

 
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Published in Labour & Service Law
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