No Bar for Promotion- Pendency of D.P or Criminal Case

Advocate Orissa High Court Cuttack.

A mere pendency of a disciplinary proceeding or a case in a Criminal Court is not a bar to give promotion subject to final resulting the disciplinary proceeding or the criminal case. It is not known as to when the criminal case will be disposed of. A govt. servant cannot be asked to wait for an indefinite period to get promotion. Further the provision for promotion increases efficiency of the public service while stagnation reduces efficiency and makes the service ineffective. The promotion is a condition of service and no officer should be deprived of promotion and superseded without justifiable reasons. It is a matter of moment and cannot be treated as causal or a routine affair.

 
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Advocate Orissa High Court Cuttack.

Please refer

 

1995(2) ATT (SC) 5

STATE OF PUNJAB& OTHERS -VERSUS- CHANAN LAL GOYAL

 
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Government Service

Dear sir,

in case of pendency of D.P. you must eligible for promotion, but every of the procedure will be confidential in nature and the gist of the DPC in your case will be kept in "SEALED COVER PROCEDURE" and will be made available to you after clearing of your DP.

 
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Faculty

In case of pendency of D.P. you are eligible for promotion, but every thing of the procedure will be confidential in nature, the gist of the DPC in your case, will be applicable after the diposal of D.P will be made available to you after clearing of your DP, within a sealed cover with retrospective effect against the eligibility.

 
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