Supreme Court grants retrospective promotion and arrears to Jharkhand officer after sham disciplinary proceedings – India Legal

The Supreme Court docket of India dominated in favor of Jyotshna Singh, a senior officer within the Jharkhand State Administrative Service, directing retrospective promotion and fee of arrears. Singh had been denied well timed promotion to the put up of Joint Secretary on account of disciplinary proceedings initiated almost a decade after the alleged incident. The Court docket discovered these proceedings unsustainable and ordered that she be granted promotion advantages from the date her instant junior was promoted.

The bench, comprising Chief Justice B.R. Gavai and Justice Ok. Vinod Chandran, held that Singh was entitled to be promoted as Joint Secretary from the date her junior, Uma Mahato, was promoted. The Court docket directed state authorities to concern applicable orders and launch all arrears of pay and allowances inside 4 months. Moreover, if Singh had retired, her pension was to be re-fixed, and arrears paid accordingly. The Court docket additionally ordered that she could be entitled to curiosity on the price of seven p.c on account of the delay, to be recovered from the officers accountable.

Singh contended that she ought to have been promoted to the put up of Joint Secretary from the date her junior was promoted, reasonably than ready till her personal promotion order was belatedly issued. Though the Jharkhand Excessive Court docket had beforehand put aside the disciplinary proceedings and directed that her promotion be thought-about retrospectively, the division bench declined to grant aid on her contempt petition when the state did not comply absolutely.

In compliance with the Excessive Court docket’s earlier instructions, Singh was ultimately promoted to Joint Secretary on November 30, 2022, and retired on December 31, 2023. Nevertheless, the monetary advantages and amenities of the promoted put up have been granted solely from the date of assumption of cost, leaving her with out the retrospective advantages due from the date her junior was elevated.

The state argued earlier than the Supreme Court docket that Singh was ineligible for promotion till Might 2015 when she grew to become Extra Collector, as the principles required 5 years of service for promotion to Joint Secretary. It was additionally argued that when the Departmental Promotion Committee met in March 2020, Singh was below the impact of punishment imposed in departmental proceedings, which disqualified her for consideration.

The bench rejected these arguments, holding that the punishment and the whole proceedings had already been put aside. It famous that the cost sheet was issued in 2017 regarding an allegation relationship again almost a decade earlier and that the departmental inquiry had been performed in violation of rules governing disciplinary proceedings. The Court docket characterised the proceedings as a sham and held that Singh’s case ought to have been thought-about from the date her instant junior was thought-about.

The Court docket additionally criticized the division bench of the Excessive Court docket for refusing to grant aid. “We’re of the view that the division bench egregiously erred in rejecting the contempt petition. Contemplating the lengthy pendency as additionally the truth that the appellant is now retired, we have been inclined to think about the deserves of the declare made earlier than the contempt courtroom,” the bench noticed.

The background of the case reveals that Singh, whereas posted as Block Growth Officer at Chandwa, seen improper entries within the money e book. Proceedings have been taken towards the Nazir of the Block, and reviews have been made to the Deputy Commissioner. In 2007, the Audit Crew raised an objection concerning extra fee of Rs. 5.60 lakh. The Deputy Commissioner discovered no embezzlement, and the State Audit Crew accepted the report in 2009. Singh continued in service with out interruption and acquired promotions.

It was solely in 2017 {that a} cost sheet was issued, adopted by an order in 2019 withholding three increments. The Excessive Court docket, nonetheless, discovered that the interpolations within the money e book have been correctly defined and that there was no foundation for locating misappropriation. It put aside the disciplinary proceedings and directed that Singh’s promotion be thought-about with retrospective impact and all consequential advantages granted.

The Supreme Court docket has now ordered the state to grant full retrospective advantages, re-fix her pension, and pay arrears with curiosity.