The authorities are always faced with a question whether an employee against whom departmental / criminal proceedings are pending but who is found to be fit for promotion by the Departmental promotion committee, should be given Adhoc promotion or not. The State Government in G.A.D. has issued a circular (English) dated 2-4-1976 on the subject of "Promotion- Procedure to be followed in the cases of presons whose conduct is under investigation or against whom departmental inquiries are pending. The Government has also issued G.R. dated 22-4-1996 stating as to how such promotions given are to be regulated.( Both the Circular and the G.R. is available on this blog) Apart from this circular and the G.R. no guidelines appear to have been issued by the Government. It is therfore observed that the Adhoc promotions are given inspite of the fact that there is a departmental or Criminal proceedigs is pending against the employee for the serious charges leveled agaist him.Similarly it may be possible that because of absence of clear guidelines adhoc promotion might not be given in deserving cases.
2. In case of Central Government employees, the D.P.C.considers the case of employee for promotion on the basis of his C.Rs., even if departmental/Criminal proceedings are pending against him but the decision as regards his fitness for promotion is kept in a sealed cover. This procedure is known as Sealed Cover procedure. This procedure is not followed in State Government.
3. In case of central Government employees, if the departmental inquiry / criminal investigation is not completed in 2 years, the adhoc promotion is given considering following factors,
1. Whether the promotion will be against public interest ?
2. Whether the charges are grave enough to warrant continued denial of promotion ?
3. Whether there is no likelyhood of the case coming to a conclusion in near future ?
4. Whether the delay in finalization of criminal / departmental proceedings is not directly or indirectly attributable to the employee concerned ?
5, Whether there is any likelyhood of misuse of official position, which may adversely affect the conduct of departmental / criminal proceedings ?
4 In case of State Government employees also, it will be appropriate that the above mentioned factors are considerd while considering adhoc promotion to employees against whom the departmental / criminal proceedings are pending.If this is done ,the adhoc promotion will be given to the deserving employees.
5. The Supreme Court has considered the issue in question in its Land mark judgement in case of Union of India v/s K.V.Jankiraman, 1991 AIR 2010. The said judgment is available on this blig at serial number 24 in the list of "Important Judgements" under heading of " Disciplinary Proceedings - Judgements ". It is suggested the officers and other employees may get the same downloaded for their study. The court has held that the sealed cover procedure is to be adopted only if the regular charge sheet is issued .and not in the cases where only preliminary investigations are under way.
2. In case of Central Government employees, the D.P.C.considers the case of employee for promotion on the basis of his C.Rs., even if departmental/Criminal proceedings are pending against him but the decision as regards his fitness for promotion is kept in a sealed cover. This procedure is known as Sealed Cover procedure. This procedure is not followed in State Government.
3. In case of central Government employees, if the departmental inquiry / criminal investigation is not completed in 2 years, the adhoc promotion is given considering following factors,
1. Whether the promotion will be against public interest ?
2. Whether the charges are grave enough to warrant continued denial of promotion ?
3. Whether there is no likelyhood of the case coming to a conclusion in near future ?
4. Whether the delay in finalization of criminal / departmental proceedings is not directly or indirectly attributable to the employee concerned ?
5, Whether there is any likelyhood of misuse of official position, which may adversely affect the conduct of departmental / criminal proceedings ?
4 In case of State Government employees also, it will be appropriate that the above mentioned factors are considerd while considering adhoc promotion to employees against whom the departmental / criminal proceedings are pending.If this is done ,the adhoc promotion will be given to the deserving employees.
5. The Supreme Court has considered the issue in question in its Land mark judgement in case of Union of India v/s K.V.Jankiraman, 1991 AIR 2010. The said judgment is available on this blig at serial number 24 in the list of "Important Judgements" under heading of " Disciplinary Proceedings - Judgements ". It is suggested the officers and other employees may get the same downloaded for their study. The court has held that the sealed cover procedure is to be adopted only if the regular charge sheet is issued .and not in the cases where only preliminary investigations are under way.
