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Government record case stay by high court and job promotion there by

(Querist) 21 September 2014 This query is : Resolved 
Sir ,
As regards my promotion in Government Job , I am not having pending of any departmental proceeding , any charge sheet and having availbility of 5 consecutive effective CCRs for due promotions , 25 Years of experience not yet promoted ,now there is a scheme by which juniors are superseding , because of pending of GR case Juniors superseded me,superseded by three Ranks , now the GR Case against a Police Case is under stay by High Court Cuttack , I am not yet convicted . In stay order the appointment Authority is not a party too.

Shall I get a promotion or it shall be under discreationary power of A IAS officer/DPC.
Sudhir Kumar, Advocate (Expert) 22 September 2014
what is your query?

Are you involved in a criminal case?
Sudhir Kumar, Advocate (Expert) 22 September 2014
repeated

http://www.lawyersclubindia.com/experts/Promotion-under-stay-of-a-gr-case--498271.asp
Dr J C Vashista (Expert) 22 September 2014
Repeated query.
Devajyoti Barman (Expert) 22 September 2014
2nd repetition.
Rajendra K Goyal (Expert) 22 September 2014
No reply to repeated query.
ajay sethi (Expert) 22 September 2014
repeated query
Sudhir Kumar, Advocate (Expert) 22 September 2014
If criminal case is pending you are not getting promoted till acquitted.
P. Venu (Expert) 23 September 2014
Please disclose the complete facts. What is GR case?
Binayak Acharya (Querist) 23 September 2014
Sir,

A friend of mine working under same Govt Job at BBSR took a hand loan of Rs 6.8 Laks by cheque but not returned in time agreed by a stampaper agreement.

Gave two check of Rs 4 lakhs with no balance, than another 1.5 laks with same condition. I went to police to lodge a FIR but police did not receive, denied by courier post too.

Than he came to me by my call and pressure to a 150 Km place from BBSR to have a another agreement. But he phoned his wife to lodge a FIR at BBSR that he is kidnaped.

Police came and court forwared me , even when counter FIR was given convincing that it shall not be under 365/34 etc.

During Court Arrest period of 17 days Govt suspended me , after I came I filed a mony suit of Rs 9.25 laks and a cheque bounce case. Both these cases are pending. He has returned rs 75 thousand by draft in the court against NI Act case of Cheque bounce.

I have joined the job on 17/11/2011 and till now all CCRs are well for promotion, except that 4 CCRS from 2008 to 2011 are pending , because of this un decided period.

Now the GR case corresponding to PS case is stayed by HC Cuttack Odisha, the OPTCL the employee/Govt under taking is not a party. Also by another HC has orderd the Govt to follow the gradation list , by another case.

Under these condition shall my promotion be done by DPC as par with my friends etc.I am not having any departmental charge sheet,5 effective regular CCRs(at presnt ,excluding 4 CCRs of suspension period),25 years of Service,2 previous Suspensions set all right. etc

Please respond.
Sudhir Kumar, Advocate (Expert) 23 September 2014
have revealed facts.

Criminal case is pending against you so no promotion till acquitted.
T. Kalaiselvan, Advocate (Expert) 29 September 2014
Repeated query, replied already in the previous thread by expert Mr. Sudhir Kumar, please visit the same.
Sudhir Kumar, Advocate (Expert) 08 October 2014
already advised

http://www.lawyersclubindia.com/experts/Promotion-under-Stay-of-a-GR-Case--498271.asp


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