PRESS
NEWS: Government employee can't seek promotion after refusing it:
Supreme Court
Supreme Court
NEW DELHI: A government employee,
whose promotion is canceled owing to his refusal to accept it, cannot ask for
it at a later stage, the Supreme Court has said.
The apex court set aside the order of
the Madhya Pradesh High Court which had directed the state government to
restore the promotion of one of its employees whose promotion was cancelled
after he turned down the offer as he did not want to get transfered to some
other place.
"As we find that it is the
respondent himself who is responsible for cancellation of the promotion order
as he did not join the promoted post, the impugned order of the high court is
clearly erroneous and against the law," a bench headed by Justice J
Chelameswar said.
The court passed the order on an
appeal filed by Madhya Pradesh government challenging the high court order.
The government had submitted that the
high court failed to consider that Ramanand Pandey himself sent back the
promotion order and continued on his post and approached the court after two
years when it cancelled his promotion.
It said that at the time of promotion,
Pandey was posted in Bhind district where he remained for almost 15 years and
his intention was to stay at that place only.
The apex court, after hearing both
sides, quashed the high court order.
"It is clear that he wanted to
remain in Bhind district, where he had continued since 1990, as he was ready to
go on leave instead of joining the place of transfer. Moreover, for more than
two years from the date of cancellation of the order of promotion, the
respondent kept totally mum and maintained stoic silence.
"There was not even a semblance
of protest as to why his promotion order was cancelled or that he wanted to
join the promotion post after the alleged inquiry into the so-called complaint
was over. He filed the writ petition on October 24, 2008, i.e. almost two years
after cancellation of his promotion order," it said.