Punishment Imposed Set Aside - Retrospective promotion and consequential benefits must be granted to an employee

Supreme Court Orders Retrospective Promotion for Jharkhand Employee. Jyotshna Singh to Receive Consequential Benefits Following 10-Year Delay in Departmental Proceedings

In a landmark judgment, the Supreme Court of India has ordered retrospective promotion and consequential benefits for Jyotshna Singh, a retired employee of the Jharkhand State Administrative Service. The ruling comes after departmental proceedings against Singh were set aside due to significant delays and violations of established principles. The court directed the state to grant Singh a promotion from the date her immediate junior was promoted and to provide her with financial and pensionary benefits accordingly.

The judgment, delivered by a bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, emphasizes the importance of timely and fair departmental proceedings. Singh, who was working as a Block Development Officer (BDO), faced allegations of embezzlement based on audit objections raised in 2007. Despite the allegations being explained and verified as non-defalcation, departmental proceedings were initiated only in 2017, resulting in the withholding of her increments. The Supreme Court found these proceedings to be sham and unsustainable, thus setting them aside.

The court criticized the Division Bench's refusal to entertain Singh's contempt petition, noting the undue delay in initiating the proceedings, which violated principles governing departmental inquiries. The Supreme Court underscored that Singh's case for promotion should relate back to the date her immediate junior, Mrs. Uma Mahato, was promoted, as there was no valid reason to deny her this benefit.

Singh's retirement date was 31st December 2023, yet her promotion to Joint Secretary was only effected on 30th November 2022, with financial benefits granted from the assumption of charge. The court directed the State of Jharkhand to rectify this by promoting Singh retrospectively from the date Mahato was promoted, and to pay arrears within four months, failing which an interest of 7% would be applicable.

The judgment sets a precedent for similar cases where undue delays in departmental proceedings impact the career progression of employees. The court's decision reinforces the necessity of adhering to fair and timely processes in government departments.

Bottom Line:

Retrospective promotion and consequential benefits must be granted to an employee if departmental proceedings and punishment imposed are set aside due to violations of established principles and undue delay.

Statutory provision(s): Service Law - Promotion, Service Law - Departmental Proceedings, Service Law - Consequential Benefits

Jyotshna Singh v. State of Jharkhand, (SC) : Law Finder Doc Id # 2782295