The High Court of Tripura dismissed an appeal seeking to quash the order in which the appellant’s request for a grant for promotion was rejected as there were serious allegations against the appellant of disproportionate assets unknown to his source of income. The court ruled that the department had initiated action against the petitioner for financial misconduct and criminal complaints before considering the petitioner for promotion, emphasizing that the tentative charge sheet and substantial evidence were already in place.
Brief Facts:
The appellant is holding the post of Second-in-command in Assam Rifles. A tentative charge sheet was filed against the appellant in which the appellant failed to establish the source of huge case deposits in his bank account. Subsequently, an FIR was also lodged against the appellant for offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act in which it was alleged that the appellant was holding assets disproportionate to the known source of income and CBI submitted a charge sheet. Two juniors to the appellant got promoted in the meantime and the appellant made representations for grant of promotion but his requests were refused. The appellant alleged that when turn arrived for consideration for promotion, neither departmental charge sheet was issued nor charge sheet was filed in the criminal case and respondents contended that the disciplinary proceedings were initiated against the appellant by the Department at that time. The petition was dismissed and thus this appeal is filed seeking to quash the impugned order.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the Respondent contended that it is evident that on the relevant date of consideration when the Juniors of the appellant were promoted, the appellant was neither under suspension, nor any charge sheet was issued against him in the criminal case nor any charge sheet in a Departmental proceeding was issued to him and the Judge failed to appreciate the said crucial fact that on the relevant date, none of the conditions precedent for invocation of sealed cover procedure was available to the respondents. It was further contended that the preliminary investigation cannot form the basis for putting the matter of the petitioner into seal cover and thus urged to allow this instant appeal.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent contended that the matter related to the appellant herein was referred to the CBI before the promotion of the juniors.
Observations of the court:
The court observed that the department had already taken a decision to proceed against the petitioner for the allegation of undisclosed cash and fixed deposits in his bank accounts way before the promotion of the juniors of the appellant and the department also lodged a criminal complaint against the petitioner for possessing vast assets in excess of his known sources of income and handed over the investigation to the CBI and Both these events took place before the appellant’s case was ripe for promotion. The court stated that by that time, the department had already issued a tentative charge sheet under the Assam Rifles Act and lodged a criminal complaint against the petitioner, and handed over the investigation thereof to the CBI.
The court further observed that at the time of filing the tentative charge sheet, the substantive investigation was already done. Sufficient information was already there with the department against the petitioner and though it was not the stage of the final filing of the charge sheet, the tentative charge sheet is to be considered against the petitioner.
The decision of the Court:
The court dismissed the petition.
Case Title:. Rajdev Singh Yadav vs. The Union of India
Coram: Hon’ble Mr. Justice T. Amarnath Goud and Hon’ble Mr. Justice Arindam Lodh
Case No.: WA NO.262 OF 2021
Advocate for the Petitioner: Mr. Somik Deb, Mr. P. Chakraborty
Advocate for the Respondent: Mr. B. Majumder
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