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
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