Promotion against stay of a gr case and order for promotion by high court

Binayak Acharya (Querist) 24 September 2014 This query is : Resolved
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.

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.

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H.M.Patnaik (Expert) 25 September 2014
Dear Mr. Acharya,
Your only query is whether pending disposal of the G.R. case, your Employer i.e. OPTCL can consider your case for normal promotion in service?

If the organisation follows its own Service Rules for Employees or the state govt. service rules is applicable to OPTCL employees you have not spoken in your query. So , pl. clarify the position, for properly handling the query as I understand
OPTCL was created under the Electricity Reform Act of the State govt. as a govt. company.

Binayak Acharya (Querist) 04 October 2014
Sir,

It is true ,OPTCL is under Odisha Govt Service rule. Also it is true that promotion once goes it canot be after retirement ,it shall not be un duly delayed , more over GR Case is stay and I am not yet convicted,no departmental charge sheet is pending , also Juniors are superseding regularly , up to 3 ranks they have superseded with in one year against a Promotion Scheme newly adopted . High court has also ordered not to violate Gradation Scheme.OPTCL shall face CNTC case . etc , please reply