Service - Promotion - Entitlement thereto -Section 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules - Based on the Charges framed under the Rules against the petitioner, who was appointed as forester by the respondent, a punishment of stoppage of increment for 3 years was imposed - Punishment was set aside and charges were cancelled in a writ petition filed by them - again the same charges under some other rule were framed and petitioner was denied promotion to Forest Ranger - present writ petition filed against such order to the HC - Whether the respondent is liable to consider the claim of petitioner for promotion as Forest Ranger during pendency of charge under rule 17(a) of the Rules?
Kalaivanan v. Principal Chief Conservator of Forests and Head of Force-I (Decided on 08.04.2010) MANU/TN/0384/2010
Held, the HC directed the respondent to consider the claim of petitioner for promotion irrespective of pendency of the charge under Rule 17(a). The court earlier has stated that pendency of charge under Rule 17(a) is not a bar for the purpose of consideration and inclusion of such person to the next promotion post. The SC in a case said that the promotion of persons against whom charge has been framed in the disciplinary proceedings or charge-sheet has been filed in criminal case may be deferred till the proceedings are concluded. They must, however, be considered for promotion if they are exonerated or acquitted from the charges. If found suitable, they shall then be given the promotion with retrospective effect from the date on which their juniors were promoted. Petition Allowed.
