Promotion
sambasivarao
(Querist) 19 September 2010
This query is : Resolved
I have been working as Jr.Asst since 1984 in judicial department.In the year 2008,when i was deputed as a member of inspecting staff to other courts.During that period one money suit worth RS.90000 was misplaced.when i asked the person who dealt with case files told that it might be mingled with some other files,As the said file consisting only 4 or 5 pages.But the deparment initiate departmental enquiry against me as iam the custodian of the section.
Now my promotion is held up as the departmental enquiry is pending and 15 members who are below my seniority are giving notices for promotion.please suggest there are any valid rulings to give promotion eventhough the departmental enquiry was pending with some conditions subject to result of the enquiry.Iam loosing my promotion forever as 15 juniors are promoting
Raj Kumar Makkad
(Expert) 20 September 2010
It is the mercy of the disciplinary/appointing authority to provide promotion on certain terms to a delinquent employee facing departmental enquiry, however, it is certain that once enquiry is dropped or you are exonerated from the charges, you shall not only get the entire monetary benefits with retrospective effect but shall also be entitled to maintain your seniority as you possess before your initiation of enquiry.
Parthasarathi Loganathan
(Expert) 20 September 2010
Agreed with Makkadji. But decision of Displinary/ Appointing authority is not a final verdict and can always be challenged in any court to gain the same benefits as told.
Chanchal Nag Chowdhury
(Expert) 21 September 2010
No doubt U have to approach the court but promotion in the interim will depend on whether the higher post is a selection post or not.
