Promotion cannot be withheld because
of the mere pendency of investigation, rules CAT: The Hindu
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.”
