Can a govt. servant be departmentally proceeded against on the allegation of nonperformance after promoting him to higher rank
Situation : An officer was promoted to the higher rank vide a Govt. notification in the month of January 2014 & he joined his promotional post in the month of March 2014. after his joining in the promotional post, He was served with a charge sheet in the month of May 2014 & proceeded against alleging him to be an intentional non-performer contineously during the period of 2011,2012 & 2013. How far this is justified ? As promotions are always given after careful scrutiny & judgement of the overall performance of an employee during his pre-promotional period. Please advise me if any supreme court Judgement is there on this matter.
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No judgment is required. It is common sense. How an employee will be promoted if his performance is low continuously for the last three years. Please share your details and I will find relevant judgments of HC and SC. You have get a stay on such enquiry
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