Employer can’t deny promotion on the ground of Long-Standing Disciplinary Proceedings Against Employee – Telangana High Court
Justice Juvvadi Sridevi stated that in the current case, the proceedings against the petitioner had not been completed despite the passage of 14 years, and that he could no longer be denied promotion on that basis.
An Employer can’t deny promotion on the ground of Long-Standing Disciplinary Proceedings Against an Employee, Telangana High Court Reiterates.
In the matter of Superintendent Engineer vs. State Govt., the Telangana High Court reiterates that long-standing disciplinary proceedings against an employee are not grounds for denying promotion.
The Telangana High Court has underlined that an employee’s long-standing disciplinary proceedings cannot be used to deny advancement.
Justice Juvvadi Sridevi stated that in the current case, the proceedings against the petitioner had not been completed despite the passage of 14 years, and that he could no longer be denied promotion on that basis.
“In the present case, despite initiating departmental and criminal proceedings in 2009, the respondents have yet to conclude the same, despite the passage of nearly 14 years.” The petitioner cannot be forced to suffer for this long without his case being examined for advancement under the guise of disciplinary procedures against him.”
The petition was submitted by a Public Health Municipal Engineering Department employee (Superintendent Engineer) opposing a Government Order deferring his promotion until the conclusion of existing disciplinary procedures against him.
As a result, he approached the court, seeking a direction that the respondents consider his case for promotion to Chief Engineer.
The petitioner, who had been appointed as Deputy Executive Engineer in 1987, was suspended on November 12, 2009, as a result of an Anti-Corruption Bureau case claiming disproportionate assets. Both departmental and criminal investigations were launched and are still ongoing.
The petitioner, who was reinstated on July 14, 2010, now wishes to be considered for promotion to Chief Engineer for the panel year 2020-2021. Nonetheless, he was refused promotion since disciplinary processes had not yet ended.
The respondents claimed that the petitioner failed to file a written statement of defence in response to the charge memo issued on November 21, 2012, and that he missed repeated court appearances between January 1, 2020, and February 15, 2021, causing delays in the proceedings. They referenced a Supreme Court decision, Ranjan Dwivedi v CBI, which stated that an accused cannot assert the right to a quick trial if they cause delays.
The petitioner, on the other hand, maintained that the stated ruling is inapplicable because he explained his non-appearance during the Covid-19 lockdown.
The Court stated that the petitioner’s delay in completing the procedures could not be blamed on the respondents. It was further determined that any absences caused by the petitioner were attributable to the Covid-19 epidemic.
Justice Sridevi cited A. Jalander Reddy v. State of Telangana and K. Sai Ram Vs. State of Andhra Pradesh to repeat that an individual cannot be penalized for an unjustified delay in the completion of disciplinary processes and is entitled to ad hoc promotion.
It was noted that, despite the start of proceedings in 2009, the authorities had yet to complete them after nearly 14 years. The Court ruled that the petitioner’s promotion should not be rejected because of ongoing disciplinary procedures.
As a result, Justice Sridevi directed that the petitioner be considered for advancement to Chief Engineer on an as-needed basis within two months.
It was further underlined that if the petitioner demonstrates his innocence in the continuing disciplinary proceedings, he will be entitled to all service benefits beginning with the date his juniors were promoted.
M. Srikanth is the petitioner’s attorney.
Respondent’s Counsel: GP for Services III
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