Promotion

Dipankar Misra (Querist) 12 May 2012 This query is : Resolved
Sir I am an assistant prof of English Gangarampur College.n D.Dinajpur,WB. A criminal suit is on against me under sections 498A,304B,120b.I was in judicial custody from 16/09/2008 to 19/01/2009. My promotion under career advancement scheme fell due in the year 2009. After all due and lengthy process of interview and appraisals I was recommended for promotion and the report of that interview result was sentto the DPI Bikash BHaban SAlt lake for its consideration and the granting of next level of fixation of pay fixation as per the recommendation of the interview board. I must add that the board consisted of the nominee from the (1)DPI (2) University of GourBanga. (3)from my College GB and the Principal. Now the Dpi Has sent in a few queries Such as the status of the litigation against me ; whether the pay during the period of my custodial days have been regularised or not;etc. Now I am enjoying all the benefits and status of my post. But in case of my CAS the DPI has sent the queries and the sitution has not changed evena bit when the DPI had given the go ahead by sending its nominee. I fear that the dPI may not sent its posirive nod to my promotion as it has sent in the question to my college. The HOnble High court has waived the order of suspension against me and all relevant papers are with the DPI. I have learnt that a G O is their which allows the promotion of
govt employees against whom court cases are pending but it is not to my hand . Now I am at a loss at the expectation of My promotion. My other colleagues who have Joined along with me have already been promoted . Please suggest me ways. Dipankar Misra 9734539813

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Sudhir Kumar, Advocate (Expert) 12 May 2012
Mere fact that your suspension has been revoked that does not alter the situation that criminal case is pending against you and you cannot be given promotion or financial upgradation. Yur college may be guilty of hiding material facts.

It is not pendancy of any court case rather of criminal case which is a bar against promotion.