Reverted after promotion

Kishore Malkunaik (Querist) 01 March 2020 This query is : Resolved
After exoneration from Major penalty charge sheet , I was promoted on 26.02.2019 as a Sub-Inspector in RPF through restructuring in DPC as per seniority w.e.f 01.04.2017 . After 6 months Higher authority take sumoto revision of my closed D&AR case and cancelled the exoneration order of Disciplinary authority and re-inquired the case afresh. After re-inquiry again the charges not proved by the E.O but Higher officers issued dissent note and reverted my promotion to the rank of Assistant sub-inspector

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This discussion concerns an individual who was promoted after being exonerated from a major penalty charge sheet, only to have their promotion reverted months later. The higher authority revisited the closed case, cancelled the exoneration, and ordered a re-inquiry. Despite the inquiry officer finding the charges unproven again, a dissent note led to the reversion. The advice given suggests this action may be unlawful, potentially violating natural justice principles, and recommends challenging the reversion order in a competent court of law, such as a Tribunal, High Court, or Labour Court, depending on the specific circumstances.

Raj Kumar Makkad (Expert) 01 March 2020
Though disciplinary authority can take its own decision keeping in view the entire facts and the enquiry report in its consideration but the same cannot be done once exoneration order has earlier been passed and moreover without serving the notice, it is against natural justice also.

You need to get the same challenged before competent court of law.

kavksatyanarayana (Expert) 01 March 2020
I opine the Disciplinary authority on the advise of his superior, the orders of exoneration file may be reopened. And in re-inquiry, though it is not proved, the disciplinary authority may deferthe opinion of the E.O., and shall give notice accordingly to the delinquent officer. so you may approach a court of law (either Tribunal or HC).

Sudhir Kumar, Advocate (Expert) 02 March 2020
whether this reversion is because of penalty?

Kishore Malkunaik (Querist) 02 March 2020
Further in this case penalty of reversion is issued by same disciplinary authority who issued exnorated orders. It is understood that in higher-ups pressure DA did illigal work. Due to reversion I lost my dignity and other status plz help immediately what can do

Kishore Malkunaik (Querist) 02 March 2020
Shall I file criminal petition against the higher ups? as from more than 03 years they were harrasing me in the name of DAR enquiry after two times exnoration they issued illigal punishment

Raj Kumar Makkad (Expert) 02 March 2020
You need to challenge the said order before Labour Court if you fall within the ambit of labour and if not either before civil court or before High Court.

P. Venu

(Expert) 02 March 2020
Was the due process followed while revising the exoneration and subsequent punishment? Please inform.

In my understanding, the disciplinary proceedings in your case governed by CCS(CCA) Rules, 1965. Please confirm.

Sudhir Kumar, Advocate (Expert) 03 March 2020
given facts just do not indicate any illegality and you have chosen not to share the demanded facts.

Rajendra K Goyal (Expert) 16 March 2020
Clear and material facts not stated.

You can move for legal help, consult local lawyer dealing in service matters.

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