Thursday, June 27, 2013

Promotion cannot be withheld because of the mere pendency of investigation: CAT Order

  In so many cases  CATs pronounced  that title .But the employers are not following :- Read this a similar case which was ruled out by CAT, Madras Bench: -
 Case in Brief :-  The Central Administrative Tribunal, Madras Bench, has ruled that promotion cannot be withheld because of the mere pendency of investigation and directed the Defence Ministry to promote an Indian Ordnance Factories Service (IOFS) officer within 45 days.  Disposing of an application filed by M. Ravi, a 1975 batch officer, the Bench, comprising members B. Venkateswara Rao and Naresh Gupta, held that the defence authorities had erred in withholding his promotion without valid reason. The Bench also said, “No charge sheet has been issued to the applicant. The promotion was withheld merely on the ground of pendency of criminal investigation by the CBI.”   The Tribunal added, “Unless a regular charge sheet is issued, no disciplinary action can be initiated against the officer of the government and no promotion can be withheld by the mere pendency of investigation.”  // The Hindu- Chennai 21.06.13//

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