Review dpc
mang haokip
(Querist) 19 July 2013
This query is : Resolved
dear experts,
just want to clarify some doubts on reviewing departmental promotion committee sitting. my question is that if the high court had quashed the already held DPC and ask the govt to review the DPC for any promotion then.....
(1) can it be given a retrospective effect ?
(2) what will be the appointment date for all the persons whose DPC is review? will they have the same appointment date as before or will it be date of the new DPC ?
PLEASE HELP !
THANKS !
Guest
(Expert) 19 July 2013
Instead of posing a theoretical and academic query, it would have been better had you discussed the real problem along with the exact orders of the court about DPC.
However, in normal course, in any court case DPC is not quashed as a whole but orders are issued for holding of a review DPC for the specific case of the petioner under consideration of the court. If selected, he would get his propmotion with the same date of the original DPC and the petitioner would get his due place with restrospective effect duly adjusted for inter-se seniority amongst other officials/ officers on merits, as if he would have been selected through the original DPC.
Rajendra K Goyal
(Expert) 19 July 2013
Well advised by the expert PS Dhingra ji Nothing more to add.
R.K Nanda
(Expert) 19 July 2013
nothing to add.
mang haokip
(Querist) 19 July 2013
thank you PS SIRJI ! REALLY APPRECIATE ! SIR KINDLY LET ME KNOW IF I MAY PUT ACROSS MY QUERIES MORE ! REGARDING THE REAL SITUATION OF THE DPC CONDUCT HERE.
Guest
(Expert) 19 July 2013
You can, but not in academic type of questions. Please do state the real time problem.
mang haokip
(Querist) 20 July 2013
thanks PS sirji!well to start with......the issue is about our promotion and deal with the inter-se. I,that is MY BATCH we are 31 Manipur Police Service (MPS) direct recriut by the Manipur Public Service Commission in the year 2007.In the same year some 39 inspectors were also promoted to the rank of DSPs i.e MPS grade 2. So we were supposed to be dovetailed (inter-se) but due to their i.e the promotee's court case and review DPC we have to wait for their case to be over,which delayed our promotion. Now there was a review DPC which i was talking about earlier because of some aggrieve party had filed a case challenging the DPC of the promoted inspectors since they were ignored in the 2007 DPC. As i mentioned,the court ordered for the review DPC but the real issue is with the reviewed DPC. The DPC was conducted just recently 2013 and the aggrieved party were ignored again,at the same time it is seen that the zone of considerations was extended and four MPS who were promoted in the year 2007 were taken out and three MPS who were promoted in the 2010 (not even in the consideration zone in the year 2007) were newly included in the reviewed DPC .
we are to complete 5 years of service in the grade 2 to get the promotion to grade 1 i.e the ADDL.SP. So my question is
1.are we going to hold up at the expense of the promotee's case....as it may continue on and on. its sure that four MPS who were taken out will surely filed the case again since they were taken out without any faults of theirs plus the original aggrieved party will do the same as they have been ignored again.
2.what can we do as the direct regruits to separate from them to get our promotion with any further due ?
3.what will happen to the 4 MPS who were taken out after six years of servive as MPS,DSP, will they be reverted back to inspectors or if they are to continue then will they be given the batch of 2010, what will be their seniority in the list, at the top or bottom.
4.if the newly included MPS in the reviewed DPC who were from the bactch of 2010 now inducted in the 2007 reviewed DPC were to be given ADDL.SP they still didn't not put in 5 years of service, is it possible ?
Guest
(Expert) 20 July 2013
Dear Mang,
First of all, you have still not stated, what actually is the language of the court about review DPC?
Secondly, if DPC of 2007 only is ordered to be reviewed, the panel under consideration, including the aggrieced officer, would not change for the purpose of review DPC. The review DPC is not to be conducted as a fresh DPC of any subsequent year after 2007. Those officers, who have been dropped by the review DPC would definitely be aggrieved. They can certainly challenge the fresh order.
Thirdly, promotion of direct vis-a-vis the promotees is subject to be governed by the recruitment rules for the post of Addle SP/DSP. So, recruitment rules, along with other documents, would be required to be examined before expressing any opinion on your points # 1 & 2. Action on points 3 & 4 is wrong. Reversion of the already selected officers against the vacancies prior to 2007 would be wrong in principle. About point # 4, actually fresh DPC, duly delinked with review DPC, was required to be held separately for the vacancies becoming due during the subsequent years, subject to the actual orders of the court for review DPC.
However, since my views are based only on your partial information, the whole case would need to be examined with reference to the copy of court orders, recruitment rules for addl SP/DSPs, yearwise vacancies from 2007 onwards, combined inter-se seniority list of promotees & direct recruits or both separately (if not combined), select list of 2007, etc., before any final opinion can be formed for your guidance.
mang haokip
(Querist) 20 July 2013
well thank you so much sirji ! its been very enligtenning ! hope you will always be helpful ! thanks !
Guest
(Expert) 21 July 2013
You are welcome.
