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| Employee doesn't have right to promotion but consideration if not disqualified: SC | | |
AGENCIES
NEW DELHI, May 2: The Supreme Court on Friday said while an employee did not possess a right to promotion, they had the right to be considered for promotion unless disqualified.
A bench of Justices Sudhanshu Dhulia and K Vinod Chandran was dealing with an appeal filed by a police constable in Tamil Nadu who was aggrieved by the denial of consideration of promotion for the sub-inspector's post.
"It is trite that the employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified; which right has been impinged, unjustly, in the above case," it said.
The apex court observed he had faced both departmental and criminal action for allegedly thrashing a colleague during their posting at a check post.
While in the criminal case, the appellant was arrested but acquitted later, the government set aside the punishment stemming from the departmental proceedings in 2009, it noted.
However, the superintended of police said the appellant was not considered for promotion since he was disentitled in line with the rules for reason of a punishment of postponement of next increment for one year without cumulative effect, imposed in May 2005.
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