Government employee can't seek promotion after refusing it: Supreme Court

Government employee can't seek promotion after refusing it: Supreme Court

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.

HC sets aside govt order dismissing employee on theft charge

Terming as "harsh" the Centre's decision to dismiss a government employee from service for stealing government property, the Bombay High Court has set aside the impugned order and instead lowered the punishment to compulsory retirement from service. 

Justices Naresh Patil and BP Colabawalla set aside the July 27, 2010, order of dismissal of Ramchandra Goya Sadhu, who was caught stealing copper rods on May 14, 2010, by the Defence Security Corps Platoon at Tiger Gate here. He was found to have tied the rods around his waist, hiding them inside his clothes. 

The court also set aside the March 15, 2013, order of the Central Administrative Tribunal which had upheld his dismissal from service for committing theft of government property. 

Instead, the bench ordered that the said employee be slapped with the penalty of compulsory retirement under Rule 40 of CCS (Pension) Rules, 1972, and paid pensionary benefits in accordance with law. 

Sadhu had cited a government order wherein four employees who were facing a similar charge of stealing property were not dismissed but given a lesser punishment. Some of them were compulsorily retired from service while others were not given increments for two years. 

"Taking into consideration the period of service of the petitioner and his unblemished record in serving his employer, we are of the view that the punishment meted out... namely dismissal from service, was harsh," the bench noted in its order, which was delivered recently. 

"We find that the interest of justice would be met if the order of dismissal of the petitioner is set aside and, instead, the lesser punishment of compulsory retirement from service is imposed," the bench said. 

"We are not for a moment condoning the actions of the petitioner. The charge of theft is indeed a serious one, but looking to the totality of the facts, we feel that in the present case it would be punishment enough if the petitioner is compulsorily retired from service so that he receives pensionary benefits as per the rules," the judges observed. 

The bench said it had taken a sympathetic view in the case only because the petitioner has an unblemished record of 22 years of service and other similarly-placed employees found guilty on theft charges were slapped with penalties lighter than what was meted out to him.

Source : Press Information Bureau

Government of India
Ministry of Personnel, Public Grievances & Pensions

27-October-2014 15:04 IST

Observance of Vigilance Awareness Week from October 27 to November 01, 2014

This year’s theme is ‘Combating Corruption – Technology as an enabler’

The Vigilance Awareness Week is being observed this year from October 27, 2014 to November 01, 2014 and this year’s theme is “Combating Corruption – Technology as an enabler”. The Central Vigilance Commission (CVC) as the apex integrity institution of the country has been thriving to promote transparency, probity and integrity in public life. One of the outreach measures to promote these values in various Central Government offices and public sector undertakings is the observance of Vigilance Awareness Week every year wherein all the stakeholders are encouraged to fight corruption. The CVC believes that efficiency and objectivity in governance hold the key to eradication of corruption from public life and for this purpose it has to be ensured that transparent and fool proof systems and procedures are put in place which provide for appropriate accountability at every level of hierarchy in public administration.

Leveraging of technology in functioning of the Government and its organisations can address the challenges of corruption to a large extent. The adoption of technology initiatives can mitigate various factors which lead to corruption like lack of transparency, cumbersome procedures and delays in decision making. By re-engineering government processes, limiting discretion and enhancing accountability, departments / organisations can effectively bring about transparency and efficiency in the service delivery system which effects ordinary citizen the most. By using information technology, the process can become faster and to that extent, the scope of corruption can be reduced. The Commission has therefore, been advocating leveraging of technology by organisations to combat corruption.

On the occasion of Vigilance Awareness Week the President of India, Shri Pranab Mukherjee in his message observed - “Corruption is a complex problem that needs multi-faceted action. One of them is the use of technology that can help promote, openness and transparency. Use of modern technologies can play an important role in eliminating human interface in service delivery systems. It is the collective responsibility of citizens as well as government departments to adopt technology initiatives in combating corruption to maximize benefits”.

The Vice-President of India, Shri Mohammad Hamid Ansari in his message noted “Eradication of corruption from our society is not only a legal obligation but also a moral duty of every Indian. Towards attainment of this goal, observance of Vigilance Awareness Week plays an important role in promoting integrity through greater efficiency, transparency and accountability in government”.

The Prime Minister, Shri Narendra Modi in his message on the occasion conveyed “It is needless to point out that integrity of public servants and transparency in public offices is utmost necessary in making transparent and efficient administration free of corruption. I appreciate the CVC’s outreach initiatives and endeavours to combat corruption with optimum use of technology. I call all government employees for making Vigilance Awareness Week a success and congratulate CVC on this occasion”.

Vigilance Awareness Week commenced in the CVC and all Ministries / Departments of the Central Govt., public sector undertakings, public sector banks, insurance companies, autonomous bodies and local authorities across the country today with a pledge by officers and employees at 1100 hrs. All officers and employees of the Government affirmed that they shall continuously strive to bring about integrity and transparency in all spheres of activities, work unstintingly for eradication of corruption, remain vigilant and work towards the growth and reputation of the organisation, and do their duty conscientiously and act without fear or favour.

Ministries / Departments / PSUs / Banks / and other Organisations would be conducting various outreach activities involving all stake holders during the week through seminars, workshops and lectures by prominent persons. In the schools and colleges across the country, debates, lectures, quiz competitions and such other activities for creation of awareness on corruption as well as anti-corruption measures to fight corruption are being organised during the week.  

Shri. Kothandaraman, Dy. System Manager ( Myladuthurai Division -TN Circle) now @ DMCC Chennai passed away today - 27.10.2014