NEW DELHI
: A government employee, whose promotion is canceled owing to his refusal to
accept it, cannot ask for it at a later stage, the Supreme Court has said.
The apex
court set aside the order of the Madhya Pradesh High Court which had directed
the state government to restore the promotion of one of its employees whose
promotion was cancelled after he turned down the offer as he did not want to
get transfered to some other place.
"As
we find that it is the respondent himself who is responsible for cancellation
of the promotion order as he did not join the promoted post, the impugned order
of the high court is clearly erroneous and against the law," a bench
headed by Justice J Chelameswar said.
The court
passed the order on an appeal filed by Madhya Pradesh government challenging
the high court order.
The
government had submitted that the high court failed to consider that Ramanand
Pandey himself sent back the promotion order and continued on his post and
approached the court after two years when it cancelled his promotion.
It said
that at the time of promotion, Pandey was posted in Bhind district where he
remained for almost 15 years and his intention was to stay at that place only.
The apex
court, after hearing both sides, quashed the high court order.
"It
is clear that he wanted to remain in Bhind district, where he had continued
since 1990, as he was ready to go on leave instead of joining the place of
transfer. Moreover, for more than two years from the date of cancellation of
the order of promotion, the respondent kept totally mum and maintained stoic silence.
"There
was not even a semblance of protest as to why his promotion order was cancelled
or that he wanted to join the promotion post after the alleged inquiry into the
so-called complaint was over. He filed the writ petition on October 24, 2008,
i.e. almost two years after cancellation of his promotion order," it said.
Source :
http://articles.economictimes.indiatimes.com/2014-10-24/news/55397829_1_promotion-high-court-order-apex-court
