The Central Administrative Tribunal (CAT) has advised the Delhi Police against terminating services of personnel who are already convicted for an offence but whose appeals are still pending before higher courts. The Tribunal passed the order while giving relief to a former Delhi Police constable, convicted in 2007 by a lower court but was granted bail by the Delhi High Court in 2009. "Normally, a person who is undergoing imprisonment, will not be entitled to get reinstatement, as the two concepts do not go together. But that does not automatically mean that the Deputy Commissioner or Joint Commissioner were within their rights, to pass orders terminating the services of the applicant on the basis of the conviction, when an appeal was pending before the High Court," the Tribunal said.
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'Govt employee has fundamental right to be considered for promotion'
The Supreme Court has ruled that a Government employee has a fundamental right to be considered for promotion and it is mandatory for the Centre and States to carry out cadre review of eligible officers for promotion to the Indian Administrative Service (IAS). "The right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16(Equality of opportunity in matter of public employment) of the Constitution," a bench comprising Justices R V Raveendran and A K Ganguly held in a recent judgement. The apex court passed the judgement while directing the Centre and the UP Government to consider the promotion of two State cadre officers-Hemraj Singh Chauhan and Ramnawal Singh to the IAS. "We hold that the statutory duty which is cast on the State Government and the Central Government to undertake the cadre review exercise every five years is ordinarily mandatory subject to exceptions which may be justified in the facts of a given case," the bench said.
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(source- cg employees news)
(source-eenaadu)
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