Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Employment---Promotion---Suit for declaration, injunction and recovery of damages---Plaintiff was an employee of defendant No. 1, and contented that though he performed satisfactorily however was deprived of promotion in 2016 against which he agitated, which annoyed the high-ups and plaintiff became their target; consequently plaintiff was issued different show-cause notices and in order to deprive the plaintiff of his right of promotion, defendant No.1, changed the promotion policy and also reconstituted the selection board for promotion---Validity---On 04.05.2020 defendant No.1 constituted a Selection Board for promotions including for the subject post of Deputy General Manager---In the meantime Eid bonus of plaintiff was withheld on account of pendency of disciplinary proceedings---Plaintiff presuming that he might not be promoted had filed a representation before defendant No.1 followed by present suit---Promotion cannot be deferred on the ground of pendency of some disciplinary or departmental proceedings---Even otherwise, there was no departmental/disciplinary proceedings pending against the plaintiff as in the first show-cause notice, the plaintiff had already been exonerated whereas as far as second notice was concerned, the same had been suspended---Such facts were not disputed by the defendants, as being a matter of record---Thus, even the bonus/Eid allowance could not be denied on account of pendency of the proceedings---Promotion could not be deferred till such time the enquiry and/or disciplinary proceedings were finalized as a person was presumed to be innocent until found guilty---Pendency of inquiry and minor penalties could not come in way of promotion---Enquiry proceedings pending against plaintiff for an indefinite period smacked of arbitrariness and mala fide and was a hanging sword on head of employees---Such treatment could not sustain in eye of law to deprive the plaintiff of promotion---Pendency of inquiry was no ground for denying promotion to the employee and no one could be punished by denying promotion before establishing charge---Any such rule formed in deviation of settled…

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