Madras HC: Corruption charges bar promotion, even if name in panel
The Madras High Court has ruled that a government servant facing corruption charges cannot claim promotion as a right merely because their name was included in a promotion panel before the charges were framed.
A Division Bench of Justices S.M. Subramaniam and N. Senthilkumar held that promotions must be granted only to untainted officers. Inclusion in a promotion panel is only procedural and does not confer any right to promotion.
“It is immaterial as to whether the disciplinary proceedings are initiated before or after preparation of the panel. The promotion panel is just a list of eligible officers. It is only procedural and cannot be construed as promotion. Thus, no right accrues. Right accrues only after issuance of an order of promotion,” the Bench observed.
The verdict came on a writ appeal filed by the Commercial Taxes and Registration department, challenging a single judge’s order to promote Deputy Inspector General of Registration V.A. Anand to Additional Inspector General of Registration.
Justice Subramaniam, authoring the judgment, stated that a government employee need not be promoted simply because no charges were pending on the day of inclusion in the panel, if corruption charges are framed later.
The court agreed with Additional Advocate General P.V. Balasubramaniam that the government can defer promotion at any time before the promotion order is issued and until the disposal of departmental proceedings for corruption.
The Advocate General pointed out that under Rule 17(b) of The Tamil Nadu Civil Services (Discipline and Appeal) Rules, pendency of charges for major penalties bars consideration for promotion.
“When the procedures contemplated under the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 is that an employee facing charges under Rule 17(b) is not eligible for inclusion in the panel, it follows naturally that such persons, even after preparation of the panel and before actual promotion, are not entitled to promotion. The very purpose and object of the procedure contemplated is to ensure that tainted officials are not promoted to a higher post,” the Bench concluded.
The ruling reinforces the principle that integrity is a prerequisite for promotion in public service, and that mere inclusion in a panel does not create a vested right.
