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Himachal: Promotion Cannot Be Denied Due to Pending Criminal Case – High Court Directs Government

High Court: Pending Criminal Case Alone Not Ground to Deny Promotion

In a notable verdict, the Himachal Pradesh High Court has declared that a government employee cannot be denied promotion solely on the basis of a pending criminal case, particularly when no charge sheet has been filed and the employee has already been exonerated through a departmental inquiry.

Justice Sandeep Sharma directed the state government and the police department to promote petitioner Veer Singh to the post of Honorary Assistant Sub-Inspector (ASI) with effect from the date his juniors were promoted, along with all consequential benefits.

The court referred to departmental standing orders, stating that unless a charge sheet is filed, either in a departmental or criminal case, the employee must be considered for promotion. Veer Singh was named in a 2011 FIR related to a narcotics case, but he was cleared in departmental proceedings and no formal charge sheet has been submitted in the criminal case till now.

Tender Dispute: Contractor Allowed to Negotiate, Next Hearing on September 19

In another case, the Himachal Pradesh High Court has allowed a contractor to negotiate the bid amount with the concerned department regarding the upgrading of the Tikkar-Nankhri-Khamadi road.

Petitioner Naresh Kumar Vij challenged the cancellation of his tender. The court has deferred the matter to September 19, asking both sides to report on the outcome of the negotiations. The road project, sanctioned under the Central Road Infrastructure Fund (CRIF), received an allocation of ₹54.87 crore from the Central Government.

However, the contractor's bid was 3.91% higher than the approved amount, which became the basis for its rejection. The state government also raised concerns about possible cartel formation among the bidders.
 

> Shimla
Category: Shimla

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