A Head Constable denied retrospective promotion sought to overturn a Tribunal rejection of his claim for seniority-based promotion. The court held that imposition of a minor penalty bars promotion during disciplinary proceedings and penalty period, and dismissed the writ petition.
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NC: 2024:KHC:31908-DB WP No. 27379 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT PETITION NO. 27379 OF 2023 (S-KSAT)
BETWEEN:
SRI. ERANNA S S/O LATE SIDDARAMAIAH AGED ABOUT 47 YEARS WORKING AS H.C. 9276 OFFICE OF THE HIGH COURT VIGILANCE DEPARTMENT BANGALORE-02
Digitally signed by NANDINI D Location: High Court of Karnataka
RESIDING AT SRI. VEERBHADRESHWARA NILAYA #747/A, 7TH CROSS CEL LAYOUT CHOLANAYAKANAHALLI R.T. NAGAR BENGALURU-560 032
…PETITIONER
(BY SRI. SRINIVAS V, ADVOCATE)
AND:
NC: 2024:KHC:31908-DB WP No. 27379 of 2023
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE ORDER PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION No.4524/2023 ON 06/11/2023 VIDE AT ANNEXURE-A TO THE WRIT PETITION AND ALLOW THE APPLICATION No. 4524/2023 FILED THE PETITIONER AS PRAYED FOR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE G BASAVARAJA
ORAL ORDER
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
This Writ Petition is filed seeking the following
reliefs:
"(a) Issue a writ of certiorari or any other writ of like nature and quash the order passed by the Hon'ble Karnataka Administrative Tribunal at Bangalore in Application No.4524/2023 on 06/11/2023 vide at Annexure-A to the writ petition and allow the application No.4524/2023 filed the petitioner as prayed for and
(b) Grant any other remedy that this Hon'ble deems fit in the facts and circumstances of the case".
dated 08.01.2016. It is submitted that thereafter, he was promoted as Head Constable with effect from 26.09.2019, however, his juniors had been promoted to the post of Head Constable on 30.12.2015. It is submitted that applicant had submitted a representation seeking retrospective promotion to the post of Head Constable with effect from 30.12.2015 as also seeking further promotion as ASI taking note of his earlier seniority in the post of Police Constable. The said representation came to be rejected by Annexure-A4 endorsement dated 12.09.2023 which was challenged before the Tribunal in Application No.4524/2023.
proceedings were pending against the petitioner, his juniors had been promoted as Head Constables by order dated 30.12.2015. Since the proceedings were pending against the petitioner, he was not considered for promotion along with his batchmates. Later, after the punishment was imposed and the period of punishment was over, he was promoted as Head Constable on 26.06.2019. It is submitted that petitioner being a person who had faced a disciplinary enquiry and had suffered a punishment, even
if it is a minor punishment, cannot claim equation with who had not faced such punishment even if they are juniors to him. It is submitted that, the Hon'ble Apex Court
in Union of India vs. K.V. Janaki Raman & others1 had specifically considered this issue and had held that, where an employee is held guilty and penalised and he is therefore not promoted, he cannot be said to have been subjected to a further penalty of withholding of promotion
1 1991(4) SCC 109
NC: 2024:KHC:31908-DB WP No. 27379 of 2023
and denial of promotion in such circumstances is not a penalty.
2 2013 5 Supreme 729
NC: 2024:KHC:31908-DB WP No. 27379 of 2023
Circular which specifically provides that the imposition of a minor penalty would be bar for considering the promotions during the existence of the disciplinary proceedings as also during the course of the penalty, we are of opinion that the petitioner cannot succeed in this writ petition.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
SK List No.: 1 Sl No.: 19
1 issue framed by the court
Whether an employee who suffered a minor penalty of deferred increments is entitled to retrospective promotion at par with juniors promoted while disciplinary proceedings were pending.
Colour shows how this judgement treated each authority
Union of India vs. K.V. Janaki Raman & othersRelied on¶46
1991(4) SCC 109 · Who else cites this
D.H.B.V.N.L. Vidyut Nagar, Hisar & Others vs. Yashvir Singh GuliaDistinguished¶54
2013 5 Supreme 729
1 provisions across 1 enactments
Eranna S
State of Karnataka represented by its Secretary to Home Department
The Police Commissioner, Vasanthnagar, Bangalore
The Deputy Police Commissioner, Admin Section, Bangalore
The Disciplinary Officer and the Deputy Police Commissioner Traffic East Wing, Bangalore
Anu Sivaraman
G Basavaraja
As recorded by the court registry
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