Promotion during pendency of departmental / criminal proceedings

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.