2018 (4) TMI 1563

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.... promote him to the post of Commissioner, Income Tax in terms of the promotion order dated 16.09.2015, with effect from the date when his juniors were promoted, with all consequential benefits. 2. The facts of the case as emerge from the records are that on 05.09.1993, the respondent had joined service as an Assistant Commissioner of Income Tax and had earned promotions from time to time, up to the rank of Additional Commissioner of Income Tax. On 25.11.2010, RC No.0102010A0036 was registered against the respondent under Section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act, 1988, and Section 109 IPC by CBI, ACB, Kolkata. On the conclusion of the investigation, CBI had filed a final closure report dated 29.12.2013, und....

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....t serial number 105 for his promotion, the promotion order issued on 16.09.2015, did not include his name whereas those who were junior to him, namely, Sh.Satpal Gulati & Sh.B.Venkataswara Rao, were promoted to the post of CIT. 5. The petitioner/UOI entered appearance before the Tribunal and filed a counter-affidavit wherein it was admitted that the name of the respondent was recommended for promotion by the DPC in its meeting convened on 05.06.2015. It was also not denied that the criminal proceedings initiated against the respondent were closed by the Special Judge, CBI, Kolkata vide order dated 12.03.2014. However, it was averred that the request of the CBI for initiating departmental action for major penalty, against the respondent, ....

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....tt (A) dated 14.09.1992, along with other eligible candidates, without taking into consideration the disciplinary case/.criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer's case for promotion would automatically be required to be placed in the sealed cover." 8. Relying on an earlier decision taken by the Tribunal on the above issue, in terms of the judgment dated....