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.
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