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