L. RAJAIAH versus INSPECTOR GENERAL OF REGISTRATION AND STAMPS, HYDERABAD AND ORS.

An official undergoing the penalty of stoppage of increments is not entitled to be considered for promotion during the punishment period as he does not regain fitness under the rule. After the penalty period, he is eligible for consideration according to the rules.

Parties: Appellant: L. Rajaiah; Respondents: Inspector General of Registration and Stamps, Hyderabad and Ors.
Jurisdiction: India
Judgment Date: 05 February 1996
Procedural Posture: Civil Appeal / Appeal From Andhra Pradesh Administrative Tribunal, Order Dated 5.8.94 in O.a. No. 7580/1992
Outcome: Appeal disposed of
Legal Topics: Promotion, Seniority Cum Fitness, Penalty, Stoppage of Increments

Service Law Promotion Seniority Cum Fitness Penalty Stoppage of Increments

Case Brief

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2

Parties

L. Rajaiah

Appellant

Inspector General of Registration and Stamps, Hyderabad and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh Administrative Tribunal, Order Dated 5.8.94 in O.a. No. 7580/1992

Legal Issues

1 Whether stoppage of increment is a penalty that affects eligibility for promotion under Rule 34(b)(ii) of A.P. State & Subordinate Service Rules
2 Whether an official undergoing punishment is entitled to be considered for promotion

Ratio Decidendi

Court Disposition

Appeal disposed of

Orders

Appellant entitled to be considered for promotion according to the rules after March 1, 1994
No costs