Uttarakhand High Court Stays Order Withholding Promotion Over Delayed Charge-Sheet

Court Rules in Favor of Forest Officer Kuldeep Singh, Cites Supreme Court Precedents on Promotion Rights

In a significant judgment, the Uttarakhand High Court has stayed an order that withheld the promotion of Kuldeep Singh, a Forest Range Officer, due to a charge-sheet that was issued before but served after the promotion decision. The court's decision, delivered by Justice Manoj Kumar Tiwari, emphasizes the principle that promotions cannot be withheld solely based on charge-sheets served after the promotion exercise has been conducted.

Kuldeep Singh, who has been serving as a Forester since 1995 and was subsequently promoted to Deputy Forest Ranger in 2013, was elevated to the position of Forest Range Officer following a recommendation from the Uttarakhand Public Service Commission. His promotion, dated June 10, 2024, was abruptly put on hold on June 14, 2024, due to a charge-sheet issued on May 4, 2024, but served on May 13, 2024, after the promotion process began.

Represented by Advocates Abhijay Negi, Snigdha Tiwari, and Ketki Chaudhary, Singh challenged the decision, arguing that the charge-sheet's service post-promotion exercise did not invalidate his right to the promotion. The court concurred, citing precedents set by the Supreme Court in Bank of India v. Degala Suryanarayana and Union of India v. K.V. Jankiraman. These cases established that promotional benefits cannot be denied if a charge-sheet is served after the promotion process is completed.

The court found merit in the argument that Singh's promotion was validly recommended when no disciplinary proceedings were pending, as confirmed by the Uttarakhand Public Service Commission. The commission had not been notified of any disciplinary actions during the selection process, thus endorsing Singh's promotion based on available records.

In a related ruling, the court denied an application for impleadment by Chief Conservator of Forest, Sanjiv Chaturvedi, noting that the applicant had no personal interest in the case and his actions were in an official capacity.

The court has granted four weeks for the respondents to file a detailed counter affidavit and has scheduled further hearings for February 16, 2026. Meanwhile, the stay on the order withholding Singh's promotion remains in effect.

Bottom Line:

Promotion cannot be withheld solely on the ground of a charge-sheet issued prior to the promotion exercise but served after the promotion exercise.

Statutory provision(s): Service Law - Promotion, Service Law - Impleadment

Kuldeep Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2821880