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Promotion cannot be withheld because of the mere pendency of investigation, rules CAT
The
Central Administrative Tribunal, Madras Bench, has ruled that promotion
cannot be withheld because of the mere pendency of investigation and
directed the Defence Ministry to promote an Indian Ordnance Factories
Service (IOFS) officer within 45 days.
Disposing
of an application filed by M. Ravi, a 1975 batch officer, the Bench,
comprising members B. Venkateswara Rao and Naresh Gupta, held that the
defence authorities had erred in withholding his promotion without valid
reason. The Bench also said, “No charge sheet has been issued to the
applicant. The promotion was withheld merely on the ground of pendency
of criminal investigation by the CBI.”
Mr. Ravi is presently working as Senior Deputy Director of General, Armoured Vehicles Factory, Avadi.
He
contended that he served in various capacities in other factories. The
Departmental Promotion Committee (DPC) convened in January 2012 and 2013
recommended his name along with S.K. Gupta and B.N. Singh for promotion
to Appointments Committee of the Cabinet (ACC) for its final approval.
He
was not promoted on the ground of a criminal investigation by CBI
pending against him. The investigation was a result of an alleged
irregularity that took place when he was working at ordnance factory,
Medak, between 1999 and 2005.
In
an application before CAT, he also sought a direction to the defence
authorities to promote him. He also contended that the promotion had
been withheld because of ‘long pending’ investigation but there was no
disciplinary action of any kind initiated against him. Hence, Mr. Ravi
said that the authorities postponed the promotion indefinitely.
The defence authorities contended that six vacancies arose in the level of member to the Ordnance Factory Board.
In
fact, the recommendation of DPC should be approved by Appointments
Committee of the Cabinet (ACC) for effecting promotion. Along with
others, the candidature of Mr. Ravi was also considered. In view of the
investigation by the CBI with respect to him, the ACC accorded its
approval to others and directed the Defence Ministry to resubmit the
proposal for promotion of Mr. Ravi after completion of the ongoing
investigation.
The
Tribunal also pointed out that a draft charge sheet which did not
fructify into regular charge sheet and that should not be a ground for
withholding promotion. The Tribunal added, “Unless a regular charge
sheet is issued, no disciplinary action can be initiated against the
officer of the government and no promotion can be withheld by the mere
pendency of investigation.”
The Hindu, June 24, 2013
