M. MOHAMED SALEEM KHAN Vs. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT (HOME)

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of a Writ, in the nature of Certiorari, to quash the order dated 20.09.2011, vide which, the petitioner's promotion to the post of Motor Vehicle Inspector (Non Technical ) has been placed in the deferred list. The facts which are not in dispute, reads as under:

(2.) THE learned Senior Counsel for the petitioner challenged the impugned order, in keeping the petitioner in deferred list and not promoting him on the ground that when the panel for promotion to the post of Motor Vehicle Inspector was drawn, as also on the date of actual promotion of the juniors to the petitioner, no charge sheet was pending against the petitioner. The action of the respondents therefore, in denying promotion is improper and discriminatory, which is hit by Articles 14 and 16 of the Constitution of India.

(3.) RELIANCE is also placed on another judgment reported in the case of [Union of India Vs. Sangram Keeshari Nayak) reported in : 2007 (6) S.C.C. 704, wherein, the Hon'ble Supreme Court was pleased to lay down that "promotion of an employee can be deferred, if a charge sheet had been issued against him or disciplinary proceedings were pending against him, but not in the case, where the charge sheet is issued, subsequent to the date fixed for promotion."