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Regarding dpc

(Querist) 21 September 2022 This query is : Resolved 
Who can review the interview marks awarded to a candidate during the DPC. Can the Company Board review the interview given by the DPC. Alternatively, Can the Company Board review the results of DPC.

kavksatyanarayana (Expert) 22 September 2022
DPC Board reviews the interview marks of the candidates.
Dr J C Vashista (Expert) 25 September 2022
Review can to be done by same authority which had awarded interview marks i.e., DPC in the instant case.
P. Venu (Expert) 06 October 2022
What are the facts? What is the context?
Sadhna (Querist) 08 October 2022
A candidate prior to his superannuation had represented for a review DPC or constitution of a special DPC to consider his two consequential promotions from back date with financial benefits. Is the candidate entitled to review DPC even after the date of superannuation. If the candidate gets his all two promotions from back date, will the financial benefits from the back date accrue to candidate automatically upon grant of two promotions as above from back date or the DPC will have to recommend the grant of financial benefits.
P. Venu (Expert) 08 October 2022
What are the grounds for seeking review DPC? Is it promotion or ACP/MACP/Financial Upgradation?
Sadhna (Querist) 08 October 2022
If you can share your contact number i can get in touch with you.
P. Venu (Expert) 08 October 2022
Information could be accessed from my profile.
Sadhna (Querist) 08 October 2022
The grounds for seeking DPC is my non promotion during the DPC held 15 years back when the results of my DPC were rigged by company management to deny me promotion. The reasons for non promotion was that i had approached a quasi judicial court for quashing a show cause notice issued to me by Company for having sent an advance copy to Chairman for settlement of my TA /DA advance consequent upon my transfer, which had earlier been turned down by HR division of my Company. While i was still in quasi judicial court, the DPC was held and i was denied promotion. This resulted in filing an additional complaint against the Company management in quasi judicial court. Though the service matters are not within scope and jurisdiction of the QJC, yet the court summoned for all the DPC documents and completed the proceedings. I was allowed to peruse through all my APRs considered for DPC, and the ratings were recorded and duly minuted. After perusal of ratings, I represented to the QJC that one of my APRs to be restored to Outstanding based on famous supreme court judgement in the matter of UP Jal Nigam case. No negative remarks were recorded in any of my 04 APRs shown to me. I had not even been given marks for my qualification. The DPC members were summoned, APRs were reproduced before DPC members, but to my utter surprise and the surprise of QJC, the APRs produced before DPC members were a replaced set of documents with changed ratings and negative remarks included. The reports were re-examined in the presence of DPC members and it was found that in two of my APRs, out of 23 columns there were maximum outstanding and lesser number of Above Average. Therefore QJC directed the company to upgrade two APRs to Outstanding and grant marks for PG Qualification. Ministry of Education after perusing through my qualification documents, syllabus, criteria etc adopted for admission to the course communicated to my Company that my PG Diploma was at par with MBA degree though it's not an MBA degree as under act of parliament section 3 only Universities/ deemed universities/ institutes of national importance are authorised to give MBA degree. The company also admitted that it had destroyed DPC records for interview. Hence in the absence of interview records it was not possible to know whether the total marks given for interview were correct also or not, whether the marks given by individual DPC members were correctly totalled also or not, and whether divided by 7 members or 8 in the absence of CMD during the DPC interview. Finally the DPC proceedings were completed, but QJC disposed of the case on the grounds that the service matters are not within scope and jurisdiction of QJC to deal with though it has dealt with all issues raised by me, hence it cannot order the DPC to change the findings of DPC. So far i have attended all DPCs under protest, and there are two to three more consequential promotions from back date with financial benefits that i am entitled to. Thereafter i attended all DPCs under PROTEST without forgoing on my rights to be promoted from back date with financial benefits. In 2018 the show cause notice issued was treated as closed. My matter was sympathetically reviewed after 15 years in 2018, and placed before the HR Committee of Directors, a sub committee to board of company. I had named all guilty involved in rigging the results of DPC and represented for grant of three promotions from back date with financial benefits. No tampering was found in the APRs produced before the HR Committee as the documents had been replaced. But unfortunately while replacing the documents the guilty forgot to change the outstanding rating given in maximum columns of the APRs. Hence the onus was on me to establish that my APRs had been replaced. Luckily very recently the QJC has issued True copy of old minutes which contain my APR ratings prior to replacing them. This evidence has been submitted to my company. I have asked for review DPC by setting up special DPC. Please advice
Dr J C Vashista (Expert) 09 October 2022
Too long a story, be brief and specific for consideration and obligation of experts on this platform.
It is better to consult and engage a local prudent lawyer practicing service matter for professional advise and necessary proceeding.
P. Venu (Expert) 09 October 2022
Which is this QJC? No definite suggestion is possible unless the Order(s) of the QJC as well the representations made by you thereafter are perused.
Sadhna (Querist) 10 October 2022
Thank you Dr Vashistha and Sir P Venu for your kind advice in help. This is how judiciary functions in this country and honest people like us who have always worked in the interest of tax payers and the Company are subject to such harassments. This is a PSU Culture where CMD of the company was involved in rigging the results of my DPC, and even after the APRs were produced before the QJC, they were replaced to deny me promotion. It's a long story and i haven't given up and since 15 years i have kept the matter alive.
P. Venu (Expert) 10 October 2022
In such a situation what is required is a focused and objective approach always alive to the logic and rationality of the ever-emerging situation.

Wish you the best.
Sadhna (Querist) 10 October 2022
If it were not for focussed approach i would have not come this far. A good precedence and a fair judgement will help many others like me. Thanks for your kind help and advice.
Sadhna (Querist) 10 October 2022
If it were not for focussed approach i would have not come this far. A good precedence and a fair judgement will help many others like me. Thanks for your kind help and advice.


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