Case Note & Summary
The petitioner, Smt. Roopa R, a Deputy General Manager at Karnataka Urban Infrastructure Development and Finance Corporation, filed a writ petition under Articles 226 and 227 of the Constitution of India. She sought a direction to the respondents to consider her representation dated 13.02.2020 (Annexure-A) seeking action on the enquiry report dated 27.08.2019 submitted by the Designated Enquiry Officer (Retired District and Sessions Judge) pursuant to enquiries dated 17.10.2018/19.02.2019. Additionally, she prayed for a direction to promote her retrospectively from the date of promotion of her batch mates (1998 KAS Batch). The court, after hearing the petitioner's counsel and the Additional Government Advocate, disposed of the petition with a direction to the respondents to consider the representation within one month from the date of receipt of the order. The court further directed that if the petitioner is found entitled to promotion, she shall be promoted retrospectively from the date her batch mates were promoted, subject to the outcome of the disciplinary proceedings. The court emphasized that the representation must be considered in accordance with law and that the pendency of disciplinary proceedings should not be a ground to ignore the petitioner's eligibility for promotion.
Headnote
A) Service Law - Disciplinary Proceedings - Consideration of Representation - The court directed the respondents to consider the petitioner's representation dated 13.02.2020 seeking action on the enquiry report dated 27.08.2019 submitted by the Designated Enquiry Officer (Retired District and Sessions Judge) within one month from the date of receipt of the order. The court held that the representation must be considered in accordance with law, and the petitioner's promotion eligibility should not be ignored merely because of pending disciplinary proceedings. (Paras 1-3) B) Service Law - Promotion - Pendency of Disciplinary Proceedings - The court observed that the petitioner, a civil servant of the State, is undergoing disciplinary proceedings but is entitled to have her representation considered. The court directed the respondents to promote the petitioner as per eligibility retrospectively from the date of promotion of her batch mates (1998 KAS Batch) if she is found entitled, subject to the outcome of the disciplinary proceedings. (Paras 1-3)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation dated 13.02.2020 seeking action on the enquiry report submitted by the Designated Enquiry Officer, and whether the petitioner is entitled to promotion pending disciplinary proceedings.
Final Decision
The writ petition is disposed of. The respondents are directed to consider the petitioner's representation dated 13.02.2020 (Annexure-A) in accordance with law within one month from the date of receipt of the order. If the petitioner is found entitled to promotion, she shall be promoted retrospectively from the date her batch mates (1998 KAS Batch) were promoted, subject to the outcome of the disciplinary proceedings.
Law Points
- Disciplinary proceedings
- Promotion
- Representation
- Consideration of enquiry report
- Karnataka Civil Services Rules
