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Sealed cover and rest of promotions

Querist : Anonymous (Querist) 14 April 2024 This query is : Resolved 
Dear Sir,
The candidates were declared as AGM as and when vacancies arise. I was the 1st waiting candidate at serial number 9 and serial number 10 is getting promoted from the date of DPC. i could not join in time on my transfer due to accidental fall from a high place and requested the management to consider my sick leave as per Bank rule but they did not .They issued charge sheet which culminated with penalty of non cumulative one increasement for 6 months . When I requested for upgradation my post in official site, they issue letter after one and half year that my case is in sealed cover procedure. At the date of DPC no charge sheet were issued or no disciplinary proceedings were pending, the question of sealed cover would never arise. The serial no10 has ,in course of time, promoted to CGM post. How can I get all these promotions through legal procedures ? kindly state the judgements.
Kindly request Mr. T.kalaiselvan Sir to advise me with reference to any judgement .
Querist : Anonymous (Querist) 14 April 2024
kindly give me support
T. Kalaiselvan, Advocate (Expert) 15 April 2024
You first of all let us know what actions have you taken so far on this and how long is this pending.
Have you made any representation to your competent authority in writing and what was the reply.
Did you escalate the matter through legal forum subsequently?
Without knowing the details or background facts any opinion rendered here will be a misguidance.
Sudhir Kumar, Advocate (Expert) 15 April 2024
Per-se the wrong has been committed. You were not apparently in sealed cover as the promotion stoood offered before chargesheet.

but the vital question is the period since when the matter is pending / unacted as sought by Mr Kalaiselvan.
Querist : Anonymous (Querist) 15 April 2024
Sir, I have sent about 50 representation citing the fact that the sealed cover procedure is adopted when an employee is due for promotion but disciplinary/criminal proceedings are pending against him at the relevant time . But the Bank management is relying on " An employees, who is recommended for promotion by DPC but in whose case any of the circumstances (such as 1. An employees under suspension 2. in respect of whom charge sheet has been issued and disciplinary proceedings are pending 3. against whom criminal charge is pending ) arise after recommendation of DPC are received but before he is actually promoted , will be considered as if his case had been placed in a sealed cover by the DPC. I stated to the management that when actual promotion of serial NO-10 was done , there was no such action was initiated against me. Notwithstanding these representations , the management had not considered my case and treated my promotion in sealed cover. As I failed to convince the management, i moved to court and filed my case. I have been fighting this case for last 9 years , outside and inside the legal system. The matter has been pending in a High court for more than 5 years.
Rest of the matter is as above .
T. Kalaiselvan, Advocate (Expert) 15 April 2024
As you had already taken legal steps to fight the case agaisnt the management, you may have to wait for the disposal of the case by high court.
no expert from this forum can give any opinion to the matter which is subjudice.
kavksatyanarayana (Expert) 15 April 2024
Your case has been pending in the High Court for five years, you have to request the court for a speedy disposal of the case through your advocate.
P. Venu (Expert) 16 April 2024
The facts posted are too disjointed. How could you be a "candidate" when you are already in employement. Anyhow, there could be no sealed cover procedure in the given facts. However, the moot question is whether an employee who has been facing disciplinary proceedings could be granted promotion, notwithstanding that the DPC, held prior to the initiation of the proceeding, has duly recommended him for promotion. Admittedly, the High Court is already seized of the issue and the matter is sub-judice. In such a situation, any suggestion requires that the pleadings are perused and issues discussed.

Sudhir Kumar, Advocate (Expert) 16 April 2024
you need to meet lawyer well versed with service matters. for going to court there was no need to 50 representations. only one representation was enough.

you have not stated the dated but your 50 representations give reasonable apprehension that your case may be timebarred of litigation.

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