P&H: Quashes Post-Facto Change In DPC Minutes; Orders Notional Promotion, 6% Interest To Retired Tehsildar

Haryana Civil Services (Punishment and Appeal) Rules, 2016, Rule 8, Punjab Civil Services (Punishment and Appeal) Rules, 1952, Rule 8 — Departmental Promotion Committee — Judicial review — Petitioner became eligible for consideration after expiry of 1 year from date of foregoing promotion in 2018 - Chargesheet...

Service — Exoneration — Where disciplinary proceedings culminate in dropping of charges with no punishment, denial of promotional consideration is arbitrary, particularly when similarly situated officers were earlier granted retrospective promotion after exoneration; similar consideration cannot be denied. (Para 10)

Service — Post-retirement benefits — Retirement does not defeat relief — Even if the employee retired and no junior was promoted till retirement, the Court can grant notional promotion with consequential retiral benefits when denial of promotion is found arbitrary or legally unsustainable. (Para 11)