Employee guilty of misconduct not entitled for promotion: DB

A Division Bench of  Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri has held that an employee, who is found guilty of misconduct, is not entitled to be promoted.
The judgment has been passed in LPA filed by Chairman Airports Authority of India (AAI) against an order and judgment dated 04.05.2022 passed by a Single Judge in SWP No. 862/2009 titled ‘V P Saini Vs Chairman, Airport Authority of India and others’ whereby the Writ Court quashed the proceedings initiated by the appellants which resulted into penalty of “censure” dated 31.11.2001 against the respondent.
The appellants were also directed by the Writ Court to grant the benefit of next higher scale of DGM (ATC) to the respondent with effect from 01.10.1999 along with consequential benefits.
After hearing DSGI Vishal Sharma with Advocate Yatin Mahajan for the Chairman AAI, the DB observed, “the respondent is not entitled to the promotion in the face of penalty of censure awarded to him by the Disciplinary Authority vide order dated 31.10.2001”.
“The observation of the Writ Court that the penalty of censure being a minor penalty cannot be an impediment in the grant of promotion, is not supported by any law, rather the legal position in this regard is well settled. The awarding of censure, which may be a minor penalty, is a blameworthy factor and is a reason good enough to deny promotion to an employee”, the DB said.
“The penalty, whether it is minor or major, is inflicted upon an employee for committing misconduct and an employee, who is found guilty of misconduct, is not entitled to be promoted. Writ Court appears to have swayed away by the observations of Madhya Pradesh High Court in the case of Jagjit Singh Vs. Secretary which is distinguishable on facts”, the DB said, adding “in the instant case, the enquiry was admittedly concluded against the respondent within a period of one and a half year which, by no stretch of reasoning, can be said to be an inordinate delay in completing the same”.
With these observations, DB allowed the appeal and set-aside the judgment of Writ Court.  Daily Excelsior