SURESH KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) PETITIONER is an Executive Engineer. He is to superannuate on 30th June, 2009. In a Criminal case launched at the instance of the State, the petitioner has been made as one of the accused persons. That case is still pending and the State has not applied to the Court to discharge the petitioner from the said case. In the said case the State has contended that the petitioner in collusion with other accused persons squandered money belonging to the public. This case having been filed before 23rd December, 2000, when the Departmental Promotion Committee sat on that date, they unjustly did not consider the case of promotion of the petitioner from the post of Executive Engineer to the post of Superintendent Engineer. It is, now, well settled in law that neither institution of a criminal case, nor insitituion of a disciplinary proceedings is a stigma or an adverse report against an employee of the Government disentitling consideration of his case for promotion. The reason is that mere lodging of a criminal case or a disciplinary proceedings does not hold that the person concerned has acted in the manner as has been alleged in those proceedings. However, if in a criminal proceeding or in a disciplinary proceeding, it is held that the Government Officer concerned has committed the acts, as complained of against him, according to the rules, he is not entitled to be promoted.

(3.) IN those circumstances, it is now well established in law that when a mere allegation in the form of a charge -sheet filed in a Criminal Court or in the form of a charge -sheet issued in a disciplinary proceedings, is pending investigation, the Departmental Promotion Committee will consider the merit of the person concerned for being promoted to the next higher post without being influenced by the pendency of those proceedings and keep their opinion in a sealed cover and would open the same after those proceedings have been concluded. In the event, the person concerned has been convicted or punished, as the case may be, he will get no promotion but if he has been acquitted or absolved of the charges, he will be get the promotion fror the date the decision to promote him was taken.