D.S. Jassal vs Union Of India & Ors on 16 October, 2015
16. On a careful perusal of the facts noted in the above case, it was
found that 5 years service records prior to the date when the case of the
employee was taken up for consideration for promotion had to be evaluated
SUMIT GULATI
2015.10.16 16:35
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authenticity of this document
CWP No.5927 of 2011 -9-
by the DPC. As it would be unjust to direct such an employee to wait for
another years from the expiry of currency of penalty to assess his service
records, this Court made an observation in the special circumstances of the
above case that penalty imposed would relate back to the date when the
misconduct was committed. It is to be noted that in the above case this
Court has never laid down a principle of law that if an employee who was
found guilty and penalized is entitled to promotion retrospectively from the
date when the misconduct was committed. The proposition that an
employee who was found guilty and penalized should be considered for
promotion retrospectively would lead to a situation where he was treated
equally with an employee who had put in unblemished service. Such a
premium to an employee who committed misconduct is unknown to service
jurisprudence.