SECRETARY TO GOVERNMENT Vs. M.RAMASAMY

JUDGEMENT

(1.) The order dated 30.09.2013, passed in W.P.[MD]No.15690 of 2013 is sought to be revised in the present writ petition.

(2.) The learned Additional Government Pleader appearing on behalf of the review petitioners made a submission that the order passed is erroneous on the ground that the Court has committed an error apparent on record by not considering the pendency of the charges against the respondent employee as well as the criminal case which was pending during the relevant point of time when the promotion panel was prepared. It is contended that at the time of preparation of panel for promotion to the higher post, the respondent officer was facing departmental disciplinary proceedings as well as the criminal case.

(3.) As per the judgments of the Hon'ble Supreme Court of India and as per the guidelines issued by the Government, in the matter of promotion, an employee who is facing the departmental disciplinary proceedings as well as the criminal case is not entitled for promotion to the higher post. Pendency of departmental disciplinary proceedings as well as the criminal case is a bar for promotion. The Court has not considered the fact regarding the pendency of the criminal case as well as the departmental proceedings against the respondent employee. The ground raised also reveals that the Government also issued instructions pending charges is a bar for promotion.