Himachal High Court orders retiree promotion despite Model Code of Conduct impediment

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Shimla, Apr 29

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In a landmark ruling, the High Court of Himachal Pradesh has sided with Satinder Kumar, a retiree seeking promotion from CSK Krishi Vidyalaya. The court criticized the hindrance caused by the imposition of the Model Code of Conduct, likening it to an “unofficial pen down strike” that obstructs government and business operations due to misinterpretation. The court found respondent’s arguments untenable, asserting that the Model Code of Conduct should not impede routine operations.

” …the imposition of Model Code of Conduct can aptly be described as a “un-official pen down strike” in the Government/Public Undertakings and all businesses including routine business are held up on account of misinterpretation and misconstruction of the provisions of the document described as Model Code of Conduct,” stated a division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja.

Kumar’s dispute with the University arose when he retired on November 30, 2017, and subsequently filed for promotion on December 30, 2017. Despite objections from the University citing procedural issues and the Model Code of Conduct due to elections, the court found in favor of Kumar. In a six page order the court criticized the University’s stance, emphasizing that routine operations should not be hampered by the Model Code of Conduct.

The division bench, comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, declared the University’s refusal to promote Kumar as illegal. They ordered his promotion to the post of Superintendent Grade II, effective from November 1, 2017.

Additionally, the division bench instructed the Chief Secretary of the Government of Himachal Pradesh to issue clear instructions regarding the Model Code of Conduct’s purpose and its implications on government operations.” We are at pains to note that this Court is flooded with litigation where promotions/appointments etc. have been denied solely on the ground of imposition of Model Code of Conduct. The imposition of Model Code of Conduct can aptly be described as a “un-official pen down strike” in the Government/Public Undertakings and all businesses including routine business are held up on account of misinterpretation and misconstruction of the provisions of the document described as Model Code of Conduct. It is high time that the State Government takes a call on this issue,” stated the bench.

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