Can't deny promotion while criminal case is pending Allahabad High Court

Uttar Pradesh | The Allahabad High Court has said in an order that it is unfair to withhold the promotion of a government employee indefinitely on the ground of pendency of criminal case. The court made it clear that the public servant cannot be denied his promotion due to the pendency of the criminal case. Justice Rajiv Mishra has given this order while disposing of the petition after hearing senior advocate Vijay Gautam on the petition of police constable Neeraj Kumar Pandey.

In the petition, challenging the promotion of the petitioner in the head constable promotion list issued on January 1, 2021 by the DIG / SP Establishment DGP Headquarters, it was demanded to open it. The promotion of the petitioner to the post of Head Constable was kept under sealed cover due to pending criminal case against him.

Senior advocate Vijay Gautam, appearing for the petitioner, argued that the petitioner was dismissed under Rule 8(2)(b) of the UP Police Officer of Subordinate Rank (Punishment and Appeal Rules) 1991 on account of the criminal case. He was reinstated in service by the order of the High Court and continued to work in the Police Department.

Senior advocate said in the argument that the petitioner has been retained in the service despite the pendency of the criminal case, then it is wrong to deny promotion on the basis of the same criminal case. If the High Court canceled the dismissal on the basis of a criminal case and ordered reinstatement, then again it is illegal to refuse promotion on the same basis.

The High Court, while disposing of the petition, directed the competent police officers to make an order within two months regarding the opening of the seal cover process.