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D.S. Jassal vs Union Of India & Ors on 16 October, 2015 cites

Union Of India Etc. Etc vs K.V. Jankiraman Etc. Etc on 27 August, 1991

12. It has been very emphatically declared by the Hon'ble Supreme Court that an employee has no right to promotion, but has a right to be considered for promotion. Unless an unblemished service has been put in by an employee, the question of promoting him to the next cadre does not arise. An employee who was found guilty of irregularity cannot claim parity with an employee who has put in excellent service to the Department sans any scar on his track record. It has been held in the above decision by the Hon'ble Supreme Court that different treatment given to an employee who has committed a misconduct and an employee who has rendered exceptional service cannot be attacked on the ground of discrimination. An employee who has been visited with penalty in the disciplinary proceedings conducted as against him cannot claim promotion retrospectively from the date when he committed the misconduct. But his case for promotion will have to be taken up in the DPC held thereafter, of course, considering the impact of penalty imposed on him. In the background of the above authoritative decision pronounced by the Hon'ble Supreme Court, the submission made by learned counsel appearing for the writ petitioner that claim for promotion made by the writ petitioner shall be considered retrospectively by constituting special review DPC against the vacancies that arise in 1999- 2000 stands rejected.
Supreme Court of India Cites 3 - Cited by 1332 - P B Sawant - Full Document

State Of Punjab And Another vs Baldev Singh Gill on 1 March, 2012

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 I attest to the accuracy and 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.
Punjab-Haryana High Court Cites 3 - Cited by 1 - Full Document
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