case such an officer is otherwise
found fit for promotion and selected for promotion, that
promotion can be withheld until the officer is exonerated
from ... pending only when charge memo/ charge sheet is drawn / issued
and only then, ordinarily, an employee can be ignored for
promotion/employer can adopt sealed
paragraph no.4 of the notification that
the matter related to promotion/charge/transfer-
posting/retiremental benefit/service confirmation of merged
officer of Bihar education ... promotion was given to BES because it was need based and since the
posts were to be identified, only the additional charge was given
promotion to the higher grade as specific penalty of withholding of
promotion has not been imposed on him. The suitability of the officer for
promotion ... other
words, the dates from which the petitioners are seeking promotion, the
charge sheets were pending against them.
9. The charge sheets resulted in imposition
charge memo and even if the charge is maintainable, only the Department of Adi Dravidar and Tribal Welfare is competent to issue the charge memo ... copy of this order. In view of quashing of the charge memo, the promotion ordered by the learned single Judge by allowing
promotion if he is entitled to be considered for promotion
otherwise nor can the promotion be denied to him. In these
circumstances, when the promotion ... grant promotion to
respondent from Scale Ill to Scale IV, if the departmental
promotion Committee finds him fit for promotion and that
this promotion will
purely temporary measure, in an officiating capacity to hold charge by the promotion of permanent members of Telegraph Engineering and Wireless Service, Class ... Rule, are purely temporary, in an officiating capacity to hold charge. Further promotion to JAG is made by selection on merit from amongst the officers
charge of the post of Asstt. Divisional Officer (Fire), were given additional charge of the next promotional post of Divisional Officer(Fire) on current charge ... Government servant has only a right to be considered for promotion and promotion is not a fundamental right. This was held
vide order dated 8.11.2005, though on 'look after charge' basis, was, in fact, promotion to the said post, which was equivalent ... either on 'current duty charge', 'look after charge' or on 'ad hoc basis' cannot be overlooked.
13. Learned Counsel
Managing Director of a Public Sector Undertaking.
12. In-charge arrangements and promotion are well understood in Civil Service. Posting an Officer in the lower ... next below post/cadre can be placed in charge or independent charge of a higher post. Similarly, in accordance with Rule
respondent clearly established that only when a charge memo in a disciplinary proceedings or a charge sheet in a criminal prosecution is issued ... decision to initiate disciplinary proceeding, precedes the issue of charge sheet. As such the promotion of a government servant can be withheld if the decision
