The amicus curiae appointed in a Haryana case has submitted that a pending investigation cannot be a valid ground to deny promotion to an employee. This observation was made in the context of a petition filed by a government employee whose promotion was withheld due to an ongoing departmental inquiry.
Legal Precedents Cited
The amicus referred to several Supreme Court judgments which establish that mere pendency of an investigation does not automatically justify withholding promotion. The employee must be given a fair opportunity, and the decision must be based on the gravity of the allegations and the stage of the inquiry.
Impact on Haryana Government Employees
This stance could have far-reaching implications for thousands of government employees in Haryana who face similar delays in career advancement due to pending probes. The amicus emphasized that the principle of 'innocent until proven guilty' should apply in service matters as well.
- Promotion cannot be denied solely on the basis of a pending probe.
- Employers must consider the nature and seriousness of the allegations.
- Employees should be given a chance to respond before any adverse decision.
The court is expected to deliver its final verdict soon, which may set a precedent for other states as well.
