State government had withheld promotion as staffer has a corruption case against him
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The Maharashtra Administrative Tribunal (MAT) has recently directed the State of Maharashtra to promote an Assistant Electrical Inspector on an ad hoc basis to the post of electrical engineer, whose promotion was withheld in an alleged criminal case by the Anti-Corruption Bureau.
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Faijulali M Mulla, 54, a resident of Jogeshwari who is employed with the State Energy Department, had challenged the denial of promotion before MAT, saying he was eligible for ad hoc promotion, irrespective of the alleged corruption case, as per the GR (government resolution) dated December 12, 2017, which states that if any criminal or disciplinary proceeding is pending for more than two years from the date of the departmental promotion committee meeting, then the government servant concerned is entitled to be given ad hoc promotion.
Advocate Rajeshwar Panchal, representing Mulla, said, “My client in his application to MAT stated that on September 18, 2020, he was informed of being recommended to be promoted to the post of electrical Inspector. However, he was suspended vide order dated May 20, 2022, in view of registration of a corruption case against him.”
He added, “On June 6, 2022, all others who were recommended for promotion came to be appointed after allotment of divisions. However, Mulla was reinstated after revoking his suspension on September 8, 2023, but his plea to the department to give him promotion, as he was already promoted, did not yield any result, and he moved MAT.”
MAT observation
Justice Mridula Bhatkar (chairperson) and justice Debashish Chakrabarty (vice chairman) directed the respondents that the applicant be promoted as electrical Inspector, as per conditions laid down in the GR within two months from the date of the order. Speaking on MAT’s order, Mulla through his advocate said, “I am satisfied with the recent MAT order. I am sure the government would implement the same, and I will get my ad hoc promotion as electrical inspector.”
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