applicant states that the decision of the State Government to withhold
integrity certificate was not in accordance with the guidelines framed by the
Government ... Officers included in the list as provisional if the State Government
withholds integrity certificate. The aforesaid proviso reads as follows :
"5(5) xxxxxxxxx
Provided
held that there is no provision in the Rules to
withhold the integrity certificate and the employer exercised such power to
withhold the integrity certificate
list
shall be treated as provisional if the State Government
withholds the integrity certificate in respect of such an
officer or any proceedings, departmental ... quoted proviso, it is clear that till the State
Government withholds the integrity certificate in respect of officer, the
name of such officer though included
wherein it has been held that withholding the integrity
certificate without considering the cause shown by the officer against
adverse remark would not be sustainable ... Therefore, the facts that order of the withholding integrity certificate was
not in existence on the date of consideration of candidature of the
applicant could
superiors
and supervising authority against his integrity, character, conduct,
devotion towards duty and efficiency, his integrity and efficiency
found to be good in all respects ... close quarters and nothing was found to be bad to withhold the
integrity certificate and always commended his work and integrity
in the annual confidential
list, shall be treated as provisional if the State Government withholds the integrity certificate in respect of such officer or any proceedings are contemplated
list, shall be
treated as provisional, if the State Government, withholds the integrity certificate
in respect of such an officer or any proceedings, departmental
list will be treated
as provisional if the Government withholds the integrity certificate in
respect of such officers in view of any departmental or criminal
facing departmental proceedings. However at the time of considering
promotion their integrity certificate will be withheld. We are inclined to agree
with the said submissions ... proceedings is still pending or the penalty is imposed the authorities can
withhold the promotion as has been done in the case of Shri
Tamil Nadu Goods and Services Tax Act, 2017
TAMILNADU
India
Tamil Nadu Goods and Services
