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.
Related Topics : Administrative Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Sir,

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

37 user found this answer helpful

Disclaimer : This answer is based on information given by you hence, It is just opinion of Lawyer. For specific answer you have to give details and facts and choose the Lawyer of your choice.

Lawyers: To answer this question, please Sign In to your account or wait for admin approval.

Most Viewed Lawyers