Promotion
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
based on my five cr from 2005 to 2010 my cr report for 2005 was average, iam the senior most person as per south zone seniority list. In 2005 i have given minor punishment (cutting one increment) and my cr report of 2005 was not properly communicated to me.at that time i was a godown incharge and the cwc management without my knowledge / with out my delivery notice issued to them. they has disposed the misc (sweepings and droppings). cotton and that was not properly find out by me as it was not in our stock books maintained and no line incharge or higher official noted in their tour report or maintained my earlier godown incharge. the stock inward only taken at the time of dispose by auction, so based on not proper record maintaining i have given punishment (in ap). this was the first time our ho asked the cr for five years and some of our junior staff working in accounts section promoted even they are having less service 3 years only (newly recruited) i have made a request to our ho to consider my case sympathetically based on my long service but not succedeed. Iam working as Junior Assistant In the public sector undertaking "The Cotton Corporation of India Limited", I have given a minor punishment by stopping one increment during my service period of 2005, while giving the promotion order in 2010 without considering my seniority as i was the sr. most person in the South Zone list and has rendered the services for more than 11 years in the corporation not granted promotion, stating that in the five year cr report from 2005 to 2010, cr report was not good in 2005 (cr report -- is proper handling of books and registers not maintained) I have maintained all the records as well as my earlier staff maintaining & no body instructed beyond that to maintain a separate record, i have already punished for the same and how can the DPC at office has not considered and stopping of promotion gave me huge pain of double punishment, can i will get promotion if i was legally approched and have a justice for getting promotion
Sudhir Kumar, Advocate
(Expert) 17 January 2012
You have confused. It is not clar whether the penalty or adverse report or both are hurdle in promotion (both are appealable. It is not clear if any adverse remakrs or below bench mark report were communicated to you. You can get promotion if (i) no penalty is operative (ii) any other chargesheet of criminal case is pending (iii) you have rendered minmum service and qualification prescribed in the recruitment rules (iv) you are sernior enough (v) any of the 5 years ACR are not below bench mark (uncomminicated adverse remakrs have no relevance) (vi) there is a vacancy (vii) the vancancy is not reserved for any other category
Raj Kumar Makkad
(Expert) 17 January 2012
I do agree with the legal advice of Sudhir. You cannot be denied for the promotion in the given facts. You make a representation to provide you the legal right of promotion keeping in view the already awarded punishment of withholding one increment. A person cannot be provided double punishment especially in the minor matter you referred in your query.
prabhakar singh
(Expert) 18 January 2012
I too agree with the legal advice of expert Sudhir Kumar.
Sudhir Kumar, Advocate
(Expert) 21 January 2012
Sorry to slightly disgree with Mr Makkar. if penalty denial of increment is operative he cannot be promoted (even if selecctd) till penalty period is over. Court have considere dit not a dual penalty
