Union Of India & Ors vs Anil Kumar Sarkar

The Supreme Court examined the legality of the Gauhati High Court's order setting aside the Central Administrative Tribunal's dismissal of Anil Kumar Sarkar's promotion application. The Court noted that the respondent's promotion was unjustly withheld due to pending criminal charges under Section 120B/420 IPC and Section 13(1)(d) of the Prevention of Corruption Act, 1988. The Court held that the High Court's directive for promotion was valid, emphasizing that pending charges do not automatically preclude promotion unless proven. The appeal was dismissed, upholding the High Court's decision.