Promotion under sealed cover contradictarty to dopt guidelines.
Deepak Kapadia
(Querist) 09 October 2014
This query is : Resolved
1. Last promotion received (A to B Grade) Apr-2004
2. Case Period (Supplies to the customers) During 2004-05 (last supplies in Dec' 04)
3. B to C grade promotion under sealed cover (learnt) in Apr-2008
4. Charge-sheet issued on 04.10.12
5. Departmental Inquiry hearing proceedings (6 sittings) during Dec'12 to Jul'13
6.Final order on disciplinary case for “Censure Punishment” dated 19.09.2014 and acknowledged on 07.10.2014
DoPT OM ref. No. 22012/1/99-Estt(A) dated 14.09.1992 and subsequent clarifications says that promotion can not be restricted in sealed cover unless:
(i) Government servants under suspension.
(ii) Government servants in respect of whom a Charge-sheet has been issued and disciplinary proceeding are pending.
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.
Can I fight in court for my promotion as DoPT guidelines not followed in my case.
What is the likely time period in which result can be expected?
ROHIT SHARMA
(Expert) 09 October 2014
1. If the final order of the disciplinary proceedings ended with censure of punishment then such norms as stated by you then management cannot restrict to have the the cover opened and if the promotion was awarded the same may be made effective.
2. You can file writ petition (service matter) under Article 226 of C.O.I. to resolve your issue.
Sudhir Kumar, Advocate
(Expert) 09 October 2014
you are not able to put facts in understandable manner. no clear view can be formed.
Please state the date of vacancy, date of DPC also.
Anirudh
(Expert) 09 October 2014
Dear Mr. Deepak,
When you were due for promotion from B to C in the year 2008, there was no charge-sheet issued to you, nor were you under suspension, or any criminal charge was pending.
Therefore, the sealed cover procedure could not have been adopted in your case.
But, it is not known why you kept quiet all along?
Have you given any representation in this regard earlier? If so what was the outcome? Did you get any reply/response to your representation?
If you had represented and if you had not got any reply or satisfactory reply, then you have a very strong case to succeed if you approach the Central Administrative Tribunal.
Rajendra K Goyal
(Expert) 09 October 2014
Consult a lawyer dealing in service matters. You have merits in the case.
Sudhir Kumar, Advocate
(Expert) 09 October 2014
Agreeing with Mr Anirudh I will add that if you have kept quite so fat then there is no case for moving to CAT.
Deepak Kapadia
(Querist) 11 October 2014
Thanks a lot for your valuable replies. For more clarity (esp. for Shri Sudhir Kumar) I add following:
The sealed cover promotion is not intimated to employees. It came to my notice at later stage. Also DoPT guidelines were not available to me until now. You will appreciate that marketing official like me will have very limited knowledge of laws and govt guidelines.
Further in IOCL (Indian Oil), before 01.01.12 sealed cover used to be opened for censure punishment from retrospective effect. however quoting he DoPT guidelines of 14.09.92, new policy came which restricted opening of sealed cover even if censure punishment is granted. Here It needs to be understood that the chronology of events:
1. promotion under sealed cover w.e.f. 01.04.08
2. Before 01.12.12 old policy where sealed cover used to be opened if final verdict is censure punishment.
3. from 01.12.12 new policy came referring DoPT guidelines dtd 14.09.92.
4. 04.10.12 charge sheet issued.
5. 19.09.14 final censure order came.
6. till now no opening of sealed cover promotion.
So it is clear that in my case IOCL don't want to follow the policy applicable before 01.12.14 and that concludes that they want policy after 01.12.14 to be implemented.
However on date of policy I was not issued charge sheet and non of the three categories mentioned in my earlier quote was applicable to me. So they should have opened my sealed cover promotion w.e.f. 01.04.08 which they did not.
Further during the opportunity to represent the charges before finalization by CDA, I had given representation to the charges along with representation of not following DoPT guidelines in my case and requested to act on it asap and if possible before outcome of final verdict.
The final verdict did not accept my representation to the charges where as it is silent on the sealed cover proceedings claim by me
I also need your guidance in the following:
1.As I am an Central PSU employee (IOCL)should I fight at CAT or HC?
2.Can you suggest some good lawyer in Ahmedabad dealing with such cases.
3.What is your wild guess of time period in which the case can complete if filed?
4. Should I give a separate representation to our ED(HR),HO separately for sealed cover claim as earlier it was clubbed with representation of charges to CDA who also happens to be Director (Marketing) in my case?
It may be noted that the DPC for promotion is held each year and for me the same was in March 2008 (for B to C grade promotion)and after the same only my promotion went into sealed cover.
I have further updated relevant papers of my case on the google drive at the following link: https://drive.google.com/folderview?id=0B7nIspQ8hflOSzVkSFFtbkRIX0k&usp=sharing
Anirudh
(Expert) 11 October 2014
You have to first give the representation stating that you were due for promotion in the DPC held on ......
You very recently (by which means i.e. how you came to know) came to know that result of the DPC in my case has been kept in sealed cover.
I am quite surprised as to why my case has been kept in sealed cover, even though none of the clauses contained in paragraph 2 of O.M.No. ...... dated ...... issued by the Ministry of Personnel and Training is attracted in my case.
I therefore humbly request you to kindly look into the matter and reveal the result of the DPC to me. In case I have been recommended for promotion by the DPC, I may please be promoted with effect from the date of promotion of my junior (i.e. Mr. ........).
You can follow up this representation with a reminder each month. After two reminders and waiting for one month i.e. in all three months waiting from the first representation, you can prefer a writ petition before the High Court.
Sudhir Kumar, Advocate
(Expert) 11 October 2014
if promotion was due in 2008 how it could go in sealed cover for a chargesheet issued in 2012. Please elaborate the same.
Sudhir Kumar, Advocate
(Expert) 11 October 2014
1.As I am an Central PSU employee (IOCL)should I fight at CAT or HC?
Ans :generally PSU are not in CAT jurisdiction. However the list of organisation covered by CAT is on their website. If your organisation is not there then you can file case at High court or before Distt Judge.
2.Can you suggest some good lawyer in Ahmedabad dealing with such cases.
Ans Browse the website.
3.What is your wild guess of time period in which the case can complete if filed?
Ans : It can be 20 weeks to 20 years.
4. Should I give a separate representation to our ED(HR),HO separately for sealed cover claim as earlier it was clubbed with representation of charges to CDA who also happens to be Director (Marketing) in my case?
Ans : You have two cause of action and will not be able to club in one application in court. So let your representation be also separate so that deptt gets lesser opportunity to confuse the matter.
However you must address Appeal against penalty to the Appellate Authority as per CDA rules of the PSU. Representation to any other authority shall be futile and wastage of stationary and energy.
