Service matter
sweta
(Querist) 25 September 2011
This query is : Resolved
A charge sheet was given in Jan 2007 to me and after inquiry a penalty/Censure was imposed on me as on 9/10/2009. Further I have made an appeal to the appellate authority and I was exonerated from all the charges in Aug 2011. I have given a departmental interview for the promotion in 2006 and 2008 and qualified both the interviews.But due to charge sheet the letter are kept in sealed envelope Will the department give me promotion with 2006 without considering the imposition of penalty which was imposed against me by CVC approx 2 years for which I was later on exonerated in Sept 2011?
Guest
(Expert) 25 September 2011
Dear Sweta,
You have not stated whether the charge sheet was a major penalty charge sheet or a minor penalty penalty charge sheet. You have also not stated when you were promoted after decision on the charge sheet.
There is quite a difference between the charge which does not qualify an employee for promotion and that which cannot have any effect on promotion. Promotion or non-promotion depends upon the nature of charge.
However, the DPC of 2006 cannot be treated to have been affected due to charge sheet in 2007 and there was no need to keep the recommendations of the DPC in a sealed cover and you would have been promoted before sevice of charge sheet.
However, if your name was in the wait list and your promotion could not have been affected due to non-availability of clear vacancy before the issue of charge sheet, you could well have been ignored on account of charge sheet.
About the DPC of 2008, the sealed cover would have been opened and recommendations were required to be implemented on decision of the charge sheet after 9.11.2009, as the penalty of censure does not have any effect on promotion.
R.Ramachandran
(Expert) 25 September 2011
With due respect, I differ with the views of Mr. Dhingra when he says that "the penalty of censure does not have any effect on promotion". I am afraid, while saying so, Mr. Dhingra may be skating on thin ice.
According to the instructions, the sealed cover ought to be opened ONLY when the official was exonerated. If any punishment was inflicted, then the sealed cover wherein the recommendations of the DPC had been kept need not be opened.
Censure is one type of punishment. Therefore sealed cover need not opened.
It is quite another thing to say that 'censure' is not a bar for promotion. But, censure being a punishment, it is an impediment in opening the sealed cover.
Isaac Gabriel
(Expert) 25 September 2011
If the departmental promotion was based on seniority basis,your case is eligible for consideration with retrospective effect since you have been axonerated from the charges which stood in the way of your promotion.Submit representation to to the competent authority.
Guest
(Expert) 25 September 2011
Dear Shri Ramachandran,
Thanks for your comments. I do understand the Censure is one of the statutory punishments.
BUT, probably you may like to review your opinion with reference to the Government of India's Decision, as available in the Department of Personnel & A.R. O.M. No. 22011/2/78-Estt.(A) dated the 16th February, 1979, where it has clearly been laid down that the employee may be promoted in turn if the penalty is that of Censure:
EXTRACT FROM PARA (iii) OF THE LETTER DATED 16 FEB. 1979
"If the findings of the DPC are in favour of the employee, he may be promoted in his turn if the penalty is that of “censure” or “recovery of pecuniary loss caused to the Government by negligence or breach of orders”, In the case of employees who have been awarded the minor penalty of “withholding of increments” or “withholding of promotion” promotion can be made only after the expiry of the penalty."
Naturally, the promotion can be made only by opening of the sealed cover in the case of penalty of censure and stoppage of increments. So, accordingly, Censure is not an impediment in opening of a sealed cover.
However, I would be quite obliged to you if you can provide me any latest ruling on the issue, if you have that may nullify the aforesaid Government of India Decision.
R.Ramachandran
(Expert) 25 September 2011
Dear Mr. Dhingra,
I am not aware of the O.M. dated 16.2.1979.
I stand corrected.
prabhakar singh
(Expert) 25 September 2011
i look it from an angel that when you are exonerated you deserve promotion from retrospective date for which you should start with a representation.
Biswanath Roy
(Expert) 25 September 2011
According to law and the facts contained in your query you are lawfully entitled to promotion in as much as debarring you from promotion shall tantamounts to infringement of rational justice.
Raj Kumar Makkad
(Expert) 25 September 2011
I completely do agree with common views of experts on this subject.
Guest
(Expert) 25 September 2011
Dear Shri Ramachandran,
Thanks for your agreement with me. I have quoted the exact wording from the O.M.
