Promotion under stay of a gr case
Binayak Acharya
(Querist) 21 September 2014
This query is : Resolved
Sir,
I am having all other suitale like CCR ,No Dept. proceedings,25 years of experience,Superseded by junioras against a promotion scheme by three Ranks. The case of GR under 365/34 is pending in SDJM Court against of which the stay is there. I was court forwarded in 2008 ,stayed 17 days under custody and was suspended for 3 years 4 months and 9 day and was rein stated on 17/10/2011. Other two earlier suspensions are duty made . One in 2005 was with simple punishment of stopping of one annual increment for one year .
Sir , under all above conditions shall i be promoted as par with my juniors,colligues etc.
Please reply .
Namaskar
Binayak Acharya,Bhubaneswar
Sudhir Kumar, Advocate
(Expert) 22 September 2014
If criminal case is pending you are not getting promoted till acquitted.
Sudhir Kumar, Advocate
(Expert) 22 September 2014
repeated
http://www.lawyersclubindia.com/experts/Government-record-case-stay-by-high-court-and-job-promotion-there-by-498261.asp
ajay sethi
(Expert) 22 September 2014
repeated query no reply
Binayak Acharya
(Querist) 23 September 2014
Sir,
A friend of mine working under same Govt Job at BBSR took a hand loan of Rs 6.8 Laks by cheque but not returned in time agreed by a stampaper agreement.
Gave two check of Rs 4 lakhs with no balance, than another 1.5 laks with same condition. I went to police to lodge a FIR but police did not receive, denied by courier post too.
Than he came to me by my call and pressure to a 150 Km place from BBSR to have a another agreement. But he phoned his wife to lodge a FIR at BBSR that he is kidnaped.
Police came and court forwared me , even when counter FIR was given convincing that it shall not be under 365/34 etc.
During Court Arrest period of 17 days Govt suspended me , after I came I filed a mony suit of Rs 9.25 laks and a cheque bounce case. Both these cases are pending. He has returned rs 75 thousand by draft in the court against NI Act case of Cheque bounce.
Now the GR case corresponding to PS case is stayed by HC Cuttack Odisha, the OPTCL the employee/Govt under taking is not a party. Also by another HC has orderd the Govt to follow the gradation list , by another case.
Under these condition shall my promotion be done by DPC as par with my friends etc.I am not having any departmental charge sheet,5 effective regular CCRs(at presnt ,excluding 4 CCRs of suspension period),25 years of Service,2 previous Suspensions set all right. etc
Please respond.
Sudhir Kumar, Advocate
(Expert) 23 September 2014
now you have revealed facts.
Criminal case is pending against you so no promotion till acquitted.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
Expert Mr. Sudhir Kumar has rightly observed and opined to the query.
Sudhir Kumar, Advocate
(Expert) 08 October 2014
repeated
http://www.lawyersclubindia.com/experts/Promotion-against-stay-of-a-GR-Case-and-order-for-promotion-by-High-Court--498651.asp
Sudhir Kumar, Advocate
(Expert) 08 October 2014
already advised by experts
http://www.lawyersclubindia.com/experts/Police-case-under-ipc-365-34-after-which-cheque-bounce-and-mony-suit-suspension-no-promotion-etc-305376.asp
