Through Video Conferencing:

Heard Sri N. Vijay, learned counsel for the applicant and Smt. K. Rajitha, learned Senior Standing Counsel appearing for the respondents.

2.   The applicant was promoted as Joint Commissioner on 11.11.2020 with two conditions viz., the promotion shall be subject to the outcome of the SLP being before the Hon’ble Supreme Court and also to the penalty, which the respondents may impose on conclusion of the disciplinary proceedings in charge memo dated 12.6.2017. Learned counsel for the applicant states that the second condition is violative of the order of this Tribunal in O.A. No.1082/2018 dated 2.12.2019.

3.   The respondents through the standing instructions state that since the order of the Tribunal in allowing the OA No.159/2019 filed challenging the charge sheet dated 12.6.2017 which was upheld by the Hon’ble High Court in Writ Petition No.13721/2019, is being challenged in the Hon’ble Supreme Court, the two conditions are valid. However, from the facts of the case it is seen that the applicant was due for promotion on 8.4.2016 and the penalty of censure which was coming in the way of promoting him from 2016 was set aside when challenged in O.A No.1082/2018.  Hon’ble Supreme Court’s direction in 1995 (5) SCC 762 supports this point of view.  It is to be pointed out that the batch mates of the applicant were promoted as Additional Commissioners and Impugned Order dated 11.11.2020 does not refer to the directions of the Tribunal in OA No.1082/2018 dated 2.12.2019.  In addition, when the matter in respect of charge sheet dated 12.6.2017 is being agitated by the respondents against the order of the Hon’ble High Court in the SLP, the respondents on their own after finalizing charge sheet cited, cannot revert the applicant since the issue is sub judice.   

4.   In view of the above, the respondents are directed not to subject the promotion of the applicant to the grade of Joint Commissioner to the penalty, which the respondents may impose on conclusion of the disciplinary proceedings in charge memo dated 12.6.2017 till the reply is filed.

5.  ADMIT. We grant four weeks time to the respondents to file reply.  List the matter on 17.02.2021 before Registrar’s Court for completion of pleadings.