Government servants cannot be promoted while criminal proceedings are pending against them in the courts -- Orissa High Court

The Odisha High Court has recently given an important decision that government employees cannot be promoted while proceedings are pending against them in the courts.The order of promotion of government employees depends on the outcome of the cases pending against them in the courts. The Court has clarified that when criminal proceedings in favor of Government servants are terminated by way of acquittal and when such Government servants are also absolved of departmental proceedings, So even if such government employees have retired, they will be given token benefits through promotion and pension will be calculated on the basis of that.                                                  As per the case, a single judge bench of the Orissa High Court had ordered ad-hoc promotions to government employees against whom criminal cases are pending in the court of Special Judge (Vigilance). Thereafter the Government of Orissa had filed a batch of writ appeals against the respective orders of the Single Judge Bench.                                                                       The Division Bench of the High Court, Chief Justice Dr. S. Muralidhar and Justice Gaurishankar Satapati, while hearing the appeal filed by the Government of Odisha, observed that It is not possible for this Court to uphold the impugned orders of the learned Single Judge in the present case ordering ad-hoc promotions to Government servants. Thereafter, the division bench set aside the order of the single judge, which had ordered the promotion of many government employees.                                                               The issue before the Division Bench during the hearing of the case was whether the Single Judge had the power to grant ad-hoc or regular promotion during the pendency of criminal proceedings. Even if there is no departmental inquiry against the government servant.The Bench observed that criminal cases against Government servants were pending in the Court of Special Judge Vigilance, in some of which charge sheets had been filed.While in some cases even the charge sheet could not be filed, in some cases hearing was going on and in some cases charges were to be framed.                During the hearing, the government employees argued that due to long pendency of criminal cases and near completion of service period of many employees, It would be just and proper for the Court to direct the Government of Odisha to give him ad-hoc promotion.                    On behalf of the Government of Odisha, a compilation of the Office Memorandum and Notifications issued by the Government of Odisha, countering the arguments of the Government servants, was presented. None of them was allowed to be promoted on regular or ad-hoc basis during pendency of criminal cases. Apart from this, referring to the earlier decisions of the Supreme Court and the High Court, on behalf of the Orissa Government, it was said that Government servants have no right to seek promotion during the pendency of criminal proceedings or departmental proceedings against them.