Disciplinary action no bar for making it to promotion list

NEW DELHI: The Supreme Court has ruled that officers facing disciplinary proceedings could be provisionally included in promotion lists. Justice SB Sinha and Justice Markandey Katju have set aside the order of both the Central Administrative Tribunal and Madras High Court, which had said that pending departmental proceedings, officers should be ineligible for promotion.

“Under the promotion regulations, an officer who is included in the zone of consideration has to be considered by the selection committee even if disciplinary proceedings are pending against him,” said Justice Katju allowing an appeal of the Union Public Service Commission.

Overturning the tribunal order, which was upheld by the high court, the bench said that the names of such officers could be included provisionally in the select list, if they are otherwise found suitable for inclusion.

The Commission had said that two officers of the state cadre, Mr Shenabagamurthy and T Srinivasan, were included provisionally in the select list of 1998 for promotion into the Indian Forest Service subject to their clearance in pending disciplinary cases, and as such, their inclusion was in consonance with the promotion regulations.

It was argued that the names of such officers were included in terms of the proviso to Sub-Regulation (4) of Regulation 5 of the Indian Forest Service (Appointment by Promotion) Regulations, 1966.

Accepting the plea, the apex court said, “The findings of the high court and tribunal are without noticing (sic) the provisions of the statutory Regulations, in accordance with which the selection committee prepared the select list. Hence, in our opinion these orders are vitiated.”