JASWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal is directed against the Judgment and Order dated 30.03.2010 passed by the learned Single Judge in W.P.(C) No. 167 (K) of 2009 by which the Writ Petition filed by the present appellant has been dismissed. The appellant filed the Writ Petition praying for a direction to the respondents to consider his case for promotion to the next higher grade of Senior Manager (Civil). While making the said prayer the petitioner also prayed for a direction to the respondents to consider his case as per the standing Office Memorandum. The Office Memorandum is dated 14.09.1992 in terms of which in case of any delay in finalisation of the Departmental/ Criminal Proceedings the incumbent may be considered for ad hoc promotion.

(2.) In the instant case the appellant was placed under suspension way back in 1999 by order dated 14.10.1999. Such course of action was adopted in view of the appellant alleged involvment in a criminal case launched by the C.B.I. The said order of suspension was put to challenge by the petitioner before the Madras High Court and the learned Single Judge therein having set aside and quashed the order of suspension the respondents had preferred an Appeal being W. A. No. 2411 of 2003. The Appeal was also dismissed by the Division Bench by its order dated 29.08.2008.

(3.) The Criminal Proceeding was launched against the petitioner/appellant way back in 1999 and has not attained its finality and thus for the last 11 years the said proceeding has become a stumbling block for the petitioner to get his promotion. There is also no indication as to when the proceeding will come to an end.