[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
4 months ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

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Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the Court and the penalty of censure would not come in the way of promotion in his case, he was entitled for promotion against the vacancy of recruitment year 2008-09, instead of the year 2015-16. The counsel submitted that penalty of censure did not come in the way of promotion where the criteria for filling the post had been seniority or seniority cum merit and since the post that was the subject of promotion was to be filled in on the basis of seniority and experience, the petitioner was entitled for promotion for the recruitment year of 2008-09. After hearing the counsels, the Court perused the matter and referred to the Shri Ram Khilari Meena Vs. State of Rajasthan and Others in which it was held that, “even if there existed any minor penalty or some minor adverse remark here and there, promotion could not be denied to the appellant because the criteria for promotion in this case as not entirely merit based but was on 'seniority-cum-merit' where seniority has to be given more weightage is compared to merit. In that criteria, even penalty of censure could not be a ground to deny promotion to the appellant because what is to be seen is minimum necessary merit requisite for efficiency of administration and in that view of the matter, a senior person, even though less meritorious, shall have primacy in the matter of promotion and comparative assessment of merit is not required to be made.” In this background, the Court held that the post that was the subject of promotion in the case was not where the sole criteria of selection was merit but seniority too for which the petitioner became entitled for in 2008-09.

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