The Madras High Court has quashed an order of the Inspector-General of Registration denying promotion to a District Registrar (DR) as Assistant Inspector-General of Registration.
The court said a fresh charge memo could not be issued to the DR after including his name in the panel for promotion when an earlier charge memo was dropped.
Justice D. Hariparanthaman passed the order on a writ petition by G. Anburaj of Mylapore. The petitioner was a DR in the Registration Department. He was issued a charge memo on April 8, 2010, and he gave his explanation. The list of DRs fit for promotion as Assistant Inspector-General of Registration for 2010-11 was issued in June 2010. The petitioner’s name was not included in view of the disciplinary proceedings. Others, including his juniors, were promoted.
In September 2011, the charges against the petitioner were dropped. Following a court order, his name was included in the panel in November 2012 for 2010-11 promotion. A charge memo was issued to him in March this year. He submitted his explanation. By an order in March, the Inspector-General refused promotion on the ground that a charge memo had been issued. Mr. Anburaj challenged this order.
Mr. Justice Hariparanthaman accepted the contention of the petitioner’s counsel M. Ravi that the only impediment to promotion was the April 2010 charge memo. When that was dropped, the official should have been promoted pursuant to the inclusion of his name in the panel. A subsequent charge memo could not be issued, particularly when the petitioner’s juniors included in the panel had already been promoted.
The Judge directed the authorities to promote the petitioner from the date on which his immediate juniors were promoted on a notional basis since a G.O. of November 2012 made it clear promotion should be only notional.