Review DPC and adhoc promotion

m.v.prabhakar (Querist) 18 September 2008 This query is : Resolved
Sir, Shall be greatful if you could givet your expert opinion on the following facts and questions.

An adhoc promotion was given pending criminal case. CS has been filed and framing of charges has not taken place for the past 8 years.Sanction order issued but it is defective as there is no pecuniery loss to the company on the date of sanction.All the money had been received before the date of sanction. However the sanction do mentions there is loss which was later clarified to Prosecution that all the mpney was received adn to take a view to continue the case or not.

Q1. An adhoc promotion was given. now next DPC is due and applicant is eligible otherwise for appearing for the DPC. During ad-hoc promotion can we call the applicant to face DPC for the next promotion. Pl. give reasoning in either case.

Q2. When the Review DPC is warrented.The earlier DPC was informed about the Criminal FIR, arrest and release of the applicant and also pending CS. Though the then DPC would not have taken these information, still they would have been biased in thier decision.The above ad-hoc was given based on the finding of the subsequent DPC. Can the Review DPC is warrented to make the record stright.

Pl. give SC or any HC decision to support with citation.

Regards

Prabhu40

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Murali Krishna (Expert) 19 September 2008
I am sure the ad hoc promotion was given after following the guide lines issued by central government which was issued on the basis of the judgement of K.V.Janakiraman by Supreme Court.

But, any ad hoc arrangement also cannot continue for such a long time.

In the same letter, you can see that competent authority has to see the rationale behind continuance of the criminal proceedings, if charges are not framed. You have to consider the letter in the proper perspective.

m.v.prabhakar (Querist) 22 September 2008
tHE ORDER ISSUED BY THE COMPANY CONTAINS THE FOLLOWING.

PROMOTION WAS GIVEN PURELY ON AD-HOC UNTIL FURTHER ORDER. IT DOEST MENTIONED THAT AD-HOC PROMOTION WILL NOT CONFER ANY RIGHT FOR REGULAR PROMOTION.IT WILL CONTINUE TILL THE CONCLUTION OF CBI CASE PENDING AT TRIAL COURT.DEPENDING UPON THE OUTCOME, COMPANY RESERVES THE RIGHT TO REGULARISE OR CANCEL AND REVERT AT ANY TIME TO THE POST FROM WHICH YOU HAVE BEEN PROMOTED.

FRAMING OF CHRGES HAS NOT TAKEN PLACE INSPITE OF 8 YSR AFTER CS WAS FILED.

UNDER THIS SITUATION PL. SUGGEST THE COUSED OF ACTION AVAILABLE TO ME. I WAS NOT CALLED FOR DPC ON THE PLEA THAT SINCE IAM UNDER ADHOC DN CASE IS PENDING i CAN NOT BE CALLED FOR DPC. I HAD QUOTED THE NOTIFICATION ISSUED BY DOPT NO 22011/4/91 ESST-ADT.14-9-1992