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Karnataka High Court rules that "Promotion can’t be withheld on contemplation of disciplinary action"


Karnataka High Court rules that "Promotion can’t be withheld on contemplation of disciplinary action"

BENGALURU, Oct 17: Noting that promotion cannot be withheld on mere contemplation of disciplinary action yet to crystalize into a charge sheet against an employee as on the date of assessment for promotion, the Karnataka High Court directed the Karnataka Power Transmission Corporation Limited to promote Assistant Accounts Officer Maruthi Rao to the post of Accounts Officer with effect from April 2018 and give all consequential benefits.

A charge sheet surfacing years after the Departmental Promotion Committee convened cannot retrospectively deprive the petitioner of a promotion that he was rightfully due and ought to have been granted upon the fair assessment of his representation.

The corporation appears to have proceeded in blissful disregard of settled doctrine pertaining to commencement and pendency of disciplinary proceedings, thereby acting in blatant contravention of the governing principles of Service Jurisprudence”, said Justice M Nagaprasanna, allowing the petition filed by Maruthi Rao from Dharwad.


 

 


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