CHENNAI: Madras High Court has ruled that a tainted government official cannot be granted promotion in service only because his name was included in the panel for eligible names for promotion before the disciplinary proceedings were initiated.
A division bench of justices SM Subramaniam and N Senthilkumar issued the ruling recently while reversing an order of a single judge to grant promotion to deputy inspector general of registration VA Anand as additional inspector general.
The single judge, on July 17, 2023, ordered granting of promotion to him based on the fact that his name was included in the panel which accrued him a right for promotion since the disciplinary proceedings were initiated after preparation of the panel. The state government filed an appeal against this order.
Additional Advocate General PV Balasubramaniam submitted that mere preparation of panel would not confer any right and the departmental disciplinary proceedings are initiated prior to grant of promotion.
The bench noted when the procedures contemplated under the TN Government Servants (Service Conditions) Act, that an employee facing charges under Rule 17-B of TN Civil Services Rules is not eligible for inclusion in the panel, it follows naturally that such persons, after preparation of the panel and before actual promotion, are not entitled to promotion.
