https://www.taxtmi.com/caselaws?id=273999 Promotion could not be withheld on the basis of a pending complaint or a mere proposal to initiate major penalty proceedings where no charge sheet had been issued, no criminal prosecution was pending, and no suspension or disciplinary proceeding existed at the time of the DPC. The applicant had been found eligible and cleared by vigilance, and the case did not fit the recognised categories for keeping promotion in abeyance under the applicable instructions. The later receipt of first stage advice for disciplinary action did not create a concluded disciplinary situation. The promotion denial was therefore unjustified, with entitlement flowing from the date the immediate junior was promoted, along with consequential benefits. en-us Thu, 12 May 2016 00:00:00 +0530 Tue, 24 Jul 2018 10:00:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273999 Promotion could not be withheld on the basis of a pending complaint or a mere proposal to initiate major penalty proceedings where no charge sheet had been issued, no criminal prosecution was pending, and no suspension or disciplinary proceeding existed at the time of the DPC. The applicant had been found eligible and cleared by vigilance, and the case did not fit the recognised categories for keeping promotion in abeyance under the applicable instructions. The later receipt of first stage advice for disciplinary action did not create a concluded disciplinary situation. The promotion denial was therefore unjustified, with entitlement flowing from the date the immediate junior was promoted, along with consequential benefits. Case-Laws Income Tax Thu, 12 May 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273999