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.”
source : The Hindu