Right to promotion when departmental proceedings are pending but employee is not under suspension. A departmental promotion committee (DPC) has been constituted to promote junior engineers. That DPC has considered as many as seven hundred thirty-nine candidates for promotion. Out of which ninety-eight have been either facing departmental proceedings or criminal cases in the court. They have been separated by the DPC. I am one of the candidates against whom a departmental proceeding has been pending since 2009. Many representations have served upon the authority to conclude my inquiry because I am facing difficulties due to pendency of that proceeding. But no action has been taken by the authority.
Now the seniority list has been published by the DPC and invited objections from the candidates in that respect. I have no objection against the tentative seniority list because my position in the list is proper. Some candidates have submitted their objection. The DPC will conclude entire proceedings in next six months. Due to pendency of that enquiry, it is possible that my candidature will not be considered by the DPC. Please suggest the proper action in these circumstances.
Asked from: Andhra Pradesh
If a charge sheet has been served upon you, it indicates that a departmental enquiry has been initiated. Until then, only a preliminary enquiry or fact-finding enquiry is conducted. Based on the available facts, it appears that disciplinary proceedings have been ongoing since 2009. A preliminary enquiry cannot be prolonged for such an extended period, but you should confirm this first. If it is indeed a preliminary enquiry, then you are eligible for promotion in accordance with the ruling in Union of India vs. K. V. Jankiraman (1991).
If a charge sheet has been served, you should approach the High Court seeking a direction to the disciplinary authority to conclude the enquiry within a specified time frame. During the pendency of disciplinary proceedings, your candidature will still be considered by the Departmental Promotion Committee (DPC); however, your promotion will be kept in a sealed cover. An employee has no vested right to promotion while departmental proceedings are pending. The right is limited to being considered for promotion, and if found fit, the promotion order will be kept under sealed cover.
You should file a writ petition in the High Court under Article 226 of the Constitution, requesting a time-bound disposal of the departmental enquiry. If the enquiry results in the imposition of a penalty, you should challenge the same before the High Court.
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