Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Effect of censure on promotion

(Querist) 21 July 2018 This query is : Resolved 
Sir, I am working in BSNL. In a case, pisciplinary proceedings were initiated against me in the year 2014 and I was awarded a penalty of Censure and an amount of Rs 60000/- imposed on me due to some pecuniary loss to the Deptt. Recently, I have been promoted. The promotions have been made as per vacancy year, I am eligible for promotion against the vacancy year 2015-16. But, my name has been considered for vacancy year 2016-17 owing to my cloud period in 2015-16. As a result, about 40 nos of my juniors have become senior to me. DPC for the promotions was made as per current VC and no DPC was conducted since 2014 owing to some court case. I have not found any DOPT OMs which permits my Deptt to make me junior. Kindly advise and suggest further course of action viz representations, CAT case etc. Thanks.
Sudhir Kumar, Advocate (Expert) 22 July 2018
Action of deptt appears correct.

first challange the penalty and and get it quashed. Only then you can claim promotion falling between the date of chagesheet and date of penalty.
Guest (Expert) 22 July 2018
First of all, I wonder, how two penalties have been ordered against you against one offense! I don't know whether you submitted appeal to the appellate authority or not against the penalty orders, specifically for two penalties at a time and what was the outcome of that appeal.

Secondly, you have not mentioned the date of order and also the date of holding of DPC and issue of promotion order.

Thirdly, you have not made any mention, in which month and year the last installment of recovery of loss was made from your pay.

So, your query is quite hazy to help arrive at some conclusive opinion.
Pardeep Gupta (Querist) 22 July 2018
Sir
The penalties were imposed on 29-04-2016. However, I did not appeal against the award of penalties. The recovery of pecuniary loss was made from my salary of May 2016 (as per my request). The date of DPC was 27-06-2018 and promotion orders were issued on 29-06-2018. The DPC has been done with current VC only.
Dr J C Vashista (Expert) 22 July 2018
The promotion order do not find any infirmity and same is correct.
You have missed the opportunity of filing appeal as the case was closed/decided when you confessed your guilt.
However, there can not be double punishment as in your case.
Consult a local lawyer practicing service matters.
Guest (Expert) 22 July 2018
Although censure does not have any effect on the promotion, but due to the disciplinary action pending as on the due date of promotion, the promotion stood postponed to the year next to the penalty period.

However, if the penalty order is quashed by the CAT on filing a case against the order, you can request the competent authority of the BSNL for holding of a Review DPC to help you get your promotion with effect from the due date.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :