Promotion with retrospective effect without sealed cover.
Rajeev Kumar Tripathi
(Querist) 03 May 2012
This query is : Resolved
If a person has beendenied promotion due to on going court case, what will be the ststus if the person is exhonerated completely in absence of sealed cover. Can he still claim promotion from retrospective effect.
Guest
(Expert) 03 May 2012
First of all non consideration of your name by DPC for promotion on account seniority-wise panel for promotion was illegal.
2ndly, non-keeping of recommendation of the DPC in sealed cover during the pendency of court case was illegal.
3rd, you can now represent for Review DPC for your promotion on account of your exoneration in the case.
ajay sethi
(Expert) 03 May 2012
well advised by Dhingraji
Nadeem Qureshi
(Expert) 03 May 2012
I am fully agree with Mr. Dhingra
Sudhir Kumar, Advocate
(Expert) 03 May 2012
Absence of sealed cover is simply non-considertaion.
Agreeing with Mr Dhingra I will add that Appel lies in CCS(CC&A) Rules if emoployed in centre or corresponding rule of State Govt/ PSU/Aunomomous body/local boyd where employed.
Sudhir Kumar, Advocate
(Expert) 03 May 2012
I will add that promoptin fromsuch review will be retrospecive.
Shonee Kapoor
(Expert) 04 May 2012
I am in agreement with the expert advise.
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