Case Note & Summary
The petitioner, Sachin Ganpati Davande, was appointed as a Junior Engineer with the Maharashtra State Electricity Distribution Company Limited (MSEDCL) on 6 June 2006. On 2 July 2011, a criminal case was registered against him by the Anti Corruption Bureau based on a consumer complaint alleging demand of money for providing an electric meter. He was suspended and a charge-sheet was served. Subsequently, when the respondents issued a circular inviting applications for promotion to the post of Deputy Executive Engineer (now Additional Executive Engineer), the petitioner applied but his candidature was not considered. The respondents took the stand that since a criminal case was pending against him, his case could not be considered. The petitioner approached the High Court challenging this non-consideration. The Court examined the issue and held that mere pendency of a criminal case does not disqualify an employee from being considered for promotion. The Court directed the respondents to consider the petitioner's candidature for the post of Deputy Executive Engineer without reference to the pending criminal case, and if found suitable, to grant him promotion with consequential benefits. The writ petition was allowed.
Headnote
A) Service Law - Promotion - Consideration of Candidature - Pending Criminal Proceedings - The petitioner, a Junior Engineer, was denied consideration for promotion to Deputy Executive Engineer solely because a criminal case was pending against him. The Court held that mere pendency of a criminal case does not disentitle an employee from being considered for promotion, and directed the respondents to consider the petitioner's candidature without reference to the criminal case. (Paras 1-17)
Issue of Consideration
Whether the petitioner's candidature for promotion to the post of Deputy Executive Engineer could be ignored by the respondents solely on the ground that a criminal case was pending against him.
Final Decision
Writ Petition allowed. Respondents directed to consider petitioner's candidature for promotion to the post of Deputy Executive Engineer without reference to the pending criminal case, and if found suitable, grant promotion with consequential benefits.
Law Points
- Promotion cannot be denied solely on basis of pending criminal proceedings
- consideration of candidature must be based on eligibility and suitability
- pendency of criminal case does not disqualify an employee from being considered for promotion.
