Promotion denied due to pending vigilance case investigation
Kishore Malkunaik
(Querist) 20 July 2018
This query is : Resolved
I am working in Railways RPF ( Railway Protection Force) and my promotion for the post of Sub-Inspector is denied due to pending investigation in vigilance case from more than 18 month. Moreover no informed me about what is case, no any suspension , no any DAR intiated and no any criminal case is pending in any court.
K Rajasekharan
(Expert) 21 July 2018
Denying an officer a promotion due to him on the ground of a long pending investigation about which the person has not been given any information is a patent denial of justice.
Hence you can raise the issue as a service dispute before the appropriate forum by a formal petition. First you have to file a petition before the appointing /promotion authority, then to the appeal authority in your department and subsequently before the Administrative Tribunal if there is any, and finally before the higher courts.
You have to start from the lowest authority/forum and can go to the higher one if you are aggrieved by the decision or there is inaction on their part on your petition.
Sudhir Kumar, Advocate
(Expert) 21 July 2018
If no chargesheet has been issued (the day when promotion was due) then promotion cannot be denied
Sudhir Kumar, Advocate
(Expert) 21 July 2018
Mr Rajasekharan said that you have to start representing from lowest to highest.
No you need not spend entire career on this.
All you have to do is to submit a representation to the appointing authority for the post of Sub Inspector adn if no reply is received within reasonabla time (atleast one month) the move to CAT.
P. Venu
(Expert) 21 July 2018
The best course is to submit a statutory appeal under the relevant provision of the CCS(CCA) Rules.
K Rajasekharan
(Expert) 21 July 2018
I did not tell you that you have to go to all the forums from the lowest to the highest and spend your lifetime before those forums.
But what I mentioned was the different tiers of dispute resolution available to an aggrieved officer to exhaust in case the department is against him in each of the tier. The last one is the Supreme Court where you can file a Special Leave Petition (SLP), if you fail in every other stage below.
Recently a DGP from my state, Shri T P Senkumar, approached the Supreme Court through an SLP when he failed in CAT and High Court and got a strong verdict in his favour when he was unceremoniously transferred from the DGP post against the law. The CAT and the High Court could not dispense justice in his case.
He did not spend his life time in the court as he engaged some good advocates like Dushyant Dave - unlike many advocates available here for twisting, turning and distorting things that are clear otherwise - who see things in a higher perspective.
You can read the verdict in his SLP at https://indiankanoon.org/doc/88070915/
Guest
(Expert) 25 August 2018
Even the clarification by the expert, "what I mentioned was the different tiers of dispute resolution available to an aggrieved officer to exhaust in case the department is against him in each of the tier. The last one is the Supreme Court where you can file a Special Leave Petition (SLP), if you fail in every other stage below" is nothing short of what Mr. Sudhir Kumar assumed about the official turned advocate's advice.
A matter of commonsense, had the querist been aware of the different tiers of dispute resolution, he would not have sought help of experts at this forum.
His advice is nothing, except to profusely mislead the innocent querist to spend years of his struggle along with wastage of huge money just to spoil his simple case to the greatest extent and call for unending misery for himself.
The said expert, if he knows even a bit of service rules, regulations and law, should have known that unless a charge sheet is issued, no vigilance case becomes due, if the case is still under investigation stage, as per the description of the querist. So, promotion cannot be withheld, if the case is still under investigation.
Guest
(Expert) 25 August 2018
Dear Mr. Kishore malkunaik,
You may follow the advice of Mr. P Venu, if the case is still under investigation.
But, at first, please be sure, whether the case is still under investigation, a stage prior to issue of a Charge Sheet, or a departmental inquiry has already been initiated after issue of the Charge Sheet to you. If Charge Sheet has been issued, even the appeal under CCS (CCA) Rules or representation/ petition to any dispute resolution forum or even any court even up to Supreme Court stage may not help you in any way till the decision on the Charge Sheet is issued by the concerned Disciplinary Authority. In that event you will have to wait for the decision of the disciplinary authority to avoid any futile efforts of years together and wastage of huge time and money on your part, just to invite the end result of complicating your own case.
Sudhir Kumar, Advocate
(Expert) 08 September 2018
repeated
http://www.lawyersclubindia.com/experts/Promotion-denied-due-to-pending-vig-enquiry-case-691456.asp
Sudhir Kumar, Advocate
(Expert) 08 September 2018
repeated
http://www.lawyersclubindia.com/experts/D-ar-in-railway-deparment--691471.asp
