Promotion
D Nanda Kumar
(Querist) 14 April 2011
This query is : Resolved
Judgement (attached) on Writ no 1614 of 2008 obtained in 2008 in Bombay High Court Bench: F Rebello, A Kumbhakoni but Given promotion w.e.f 24.11.2008 only. Am I eligible for back dated promotion as per the same?
R.Ramachandran
(Expert) 14 April 2011
Though in Paragraph 12 it has been mentioned that the Counsel for the Petitioner pleaded that the promotion should be given either (i) from the date when the result was kept in the sealed cover or (ii) from the date of recommendation by the Review Committee.
In your case, the first recommendation by the Review Committee was in the year 1995 then in 1999 and 2001.
But, by observing that the writ petition has been filed only in the year 2008, the court seems to be inclined to direct the respondents to consider you for promotion only from 2008 (i.e. at least from the date of filing of the writ petition). Viewed from this angle, the promotion from 24.11.2008 seems to be in line with the Court's directions.
But I am not very happy about the contents of paragraph 12 - it dilutes your otherwise justified right. While I am happy that rightly the court has observed that in the event of your getting exonerated you will be eligible for promotion; I am afraid that such promotion should not be restricted from 24.11.2008, instead it should be from the first time when your promotion was kept in the Sealed Cover.
In the given situation, It will be advisable for you to file an application before the Court seeking clarification:
(1) Whether the petitioner, in the event of being exonerated/acquitted in the case, would be entitled to promotion right from the first time when his case was kept in the sealed cover;
(ii) whether in the instant occasion also, whether the Petitioner was not entitled to be promoted from (i) the date when the result was kept in the sealed cover or (ii) at least from the date when the Review Committee first recommended the case for promotion i.e. in the year 1995.
Guest
(Expert) 15 April 2011
As per the judgment,you were to seek clarification from the concerned court by filing an application, as the judgment states, "In the given situation, It will be advisable for you to file an application before the Court seeking clarification."
So, the question arises, did you file an application in the concerned original court for seeking the needed advice? If yes, what was the outcome. If not, any reason for the same?
Without knowing the history of the case, including the decision of the disciplinary authority and the background for filing of the writ petions, any general advice may probably not be appropriate in your case.
D Nanda Kumar
(Querist) 15 April 2011
Thanks for the replies. Though a case was filed by CBI in 1992, the Bank did not take any action as they found that I was not involved. However, the adhoc promotion was not given as one Chaiman after the other passed the buck & did not sign the note. The CBI has reported that the original case papers are not traceble when the trial was ordered in 2008 i.e 16 years later. In the three years period since framing of charges only one witness has disposed. He happened to be the person who sanctioned prosecution which is necessary. The details of the case are attached. I am now only contemplating of seeking advice from the court. Please advice
