Grant of macp

Vasudevan (Querist) 27 May 2015 This query is : Resolved
I am a central government employee. I got my promotion on 13.10.1997. During July 2008, I was arrested by the police and subsequently suspended for judicial custody exceeding 48 hours. A criminal case was booked in 2009 in which I was acquitted in 2011. In 2010, another criminal case was filed which is pending and in 2011, departmental enquiry was initiated which is also pending as on date. As per 6th pay commission report, I am eligible for MACP bnefit from 1.9.2008. As I was under suspension, it was refused. Now the suspension period i.e. 3.7.2008 to 30.4.2009 was treated as dies non. Whether I am eligible for MACP from 1.5.2009 during which no case/inquiry was pending against me at that time. Please clarify.

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Sudhir Kumar, Advocate (Expert) 27 May 2015
DE and criminal case both are pending. regularization of suspension period does not matter at this stage

Anirudh (Expert) 27 May 2015
Even after excluding the period of dies-non, still you would have been eligible for MACP on 4.7.2009 (not from 1.5.2009 as stated by you).
The subsequent case which came up in 2010 will have no effect on the MACP which was due in 2009 itself.

Better make representation in this regard.

Sudhir Kumar, Advocate (Expert) 27 May 2015
dies-non period cannot be exlucded for seniority for promotion so cannot be excluded for MACP

Anirudh (Expert) 27 May 2015
Dear Mr. Sudhir,
MACP is after completion of certain period of service. Then how period of dies-non can be reckoned for measuring the requisite period of service?

P. Venu (Expert) 27 May 2015
What is the reason for treating the period from 3.7.2008 to 30.4.2009 was treated as dies non? Was there any disciplinary proceedings even though you had been acquitted in the disciplinary proceedings?

Vasudevan (Querist) 27 May 2015
No disciplinary proceedings pending. My appointing authority has construed that the order of acquittal is based on benefit of doubt and hence ordered the period as dies non.

Sudhir Kumar, Advocate (Expert) 28 May 2015
you probably did not challnage dies-non.

P. Venu (Expert) 28 May 2015
On the given facts, action is not lawful. You may represent or still better submit an Appeal in terms of Rule 23 of the CCS(CCA) Rules. If not successful, the matter could be agitated in the CAT.

This course may take care of the denial of MACP, too.

Vasudevan (Querist) 28 May 2015
Thank you for your all valuable suggestions. I have already filed an appeal before the Appellate Authority on 3.4.2014 on dies non. But no order has been passed. Is there any time limit for the Appellate Authority to pass the order on the appeal. Kindly inform me about the time limit, if any to file a case before the CAT on this issue.

P. Venu (Expert) 28 May 2015
You can move the CAT within one your if the appeal is decided against you. If there is no decision, you can approach he CAT, after six months of the submission of the Appeal.