Can’t deny promotion if criminal case is pending, charge sheet yet to be filed: Himachal HC

This was ruled by Justice Sandeep Sharma while allowing the petition filed by Bir Singh, posted as honorary head constable with Himachal Pradesh police, who had moved the high court after he was denied promotion to the post of honorary ASI on the basis of pending criminal case

Himachal Pradesh high court has ruled that pendency of criminal case, wherein charge sheet is yet to be filed, cannot be a ground to deny promotion to the employee exonerated of all charges in departmental inquiry.

Disposing off the petition the high court held, “It is also well settled that once an employee stands exonerated in departmental proceedings, he/she is required to be considered for promotion to the higher post, subject to his eligibility.” (File)

This was ruled by Justice Sandeep Sharma while allowing the petition filed by Bir Singh, posted as honorary head constable with Himachal Pradesh police, who had moved the high court after he was denied promotion to the post of honorary ASI on the basis of pending criminal case.

High court directed the police department on September 3, detailed order made available now, “to consider the case of the petitioner (Bir Singh) for promotion to the post of honorary ASI from the due date when his immediate juniors were promoted”.

The high court read “...admittedly no charge sheet has been served upon the petitioner (Bir Singh), rather on three occasions investigating agency has filed untraced report, but Magistrate concerned being not satisfied with the untraced report has ordered for further investigation. Though Magistrate concerned is well within his /her right to order further investigation, but such fact, if any, cannot be a ground for the respondents to deny promotion to the higher post, especially when charge has been not framed till date.”

Disposing off the petition the high court held, “It is also well settled that once an employee stands exonerated in departmental proceedings, he/she is required to be considered for promotion to the higher post, subject to his eligibility.”

Bir Singh apprised the high court that since on account of pendency of criminal case and despite there being exoneration in the departmental proceedings, he is not being considered for promotion to the post of honorary ASI. He also pointed out that the other similarly situated persons, who were also named in the FIR, were granted promotion on high court others along with releasing all the retiral benefits, otherwise permissible under rules, including the leave salary, commutation, death-cum- retirement etc.

Bir Singh along with seven others were booked for criminal breach of trust in an NDPS case in June 2011.