A charge-memo issued after the due date for promotion cannot be a ground for denial of promotion, the Madras High Court has held.
Justice D Hariparanthaman gave the ruling on June 17 last while allowing a writ petition from G Anburaj of Mylapore, praying for a direction to the Commercial Taxes and Registration department to promote him. According to advocate M Ravi, his client Anburaj was working as district registrar. The next promotion was assistant inspector general of registration. While so, he was issued with a charge memo on June 22, 2010. In view of the memo, his name was not considered for promotion for 2010-11. However, the memo was dropped by a GO dated September 19, 2011. Following a direction from the High Court, the department included the petitioner’s name in the promotion panel for 2010-11. However, the department issued another memo on March 7 this year and denied him promotion. Hence, the present writ petition.
Ravi contended that the March 7 memo could not be put against the petitioner for promotion for 2010-11. The only impediment was the memo issued in April 2000 and same had been dropped subsequently, he pointed out.
As rightly contended by Ravi, the judge said that the March 7 this year memo could not be the basis for refusal for promotion. The petitioner should be promoted, the judge said and directed the department to promote him on notional basis from the date of promotion of his immediate juniors, within six weeks.