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Sarmmarmbb (goi)     18 August 2015

All my due promotions withheld -- 498a case by wife

Respected Experts,

Please advise me and suggest me the way out to deal with my problem:

I a central govt. employee and have been implicated in a false dowry/harassment (498A) criminal case by my spouse since 2008 following which I had been kept under deemed suspension for nine months for being in  judicial custody for few days.  But, even after resuming my duty when the time of due promotion came, i was not considered saying i am not clear from vigilance angle since the above said criminal case (498A) is pending in the Court of Law. All my fellow colleagues have already been promoted to two next highter positions whereas I have been put to the same lower post twhich is not only a lot of financial loss but also mental agony to me.

Sir, i am more disturbed on knowing that in some govt. departments, persons have got their all promotions and they have been upgraded with higher positions despite their ongoing 498A court cases.  If so, whether i have been put to harassment as part of this fabricated criminal case by my wife because i have also come to know that that my F-inlaw approached and influenced office staff of my deptt. that is why everytime at the time of promotion/DPC, my case is kept in the sealed cover stating owing to criminal proceedings pending and no vigilance clearance is allowed for promotions.

Whereas in some of the govt. deptts. even in case of suicide by wife, the accused/husband has got his timely promotions. 

So, please clarifiy my sir, whether I can represent my appointing authority in my office in any way to give me my due promotions?  Or whether my promotions have been rightly witheld??

Kindly help me.

 



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     18 August 2015

"Whereas in some of the govt. deptts. even in case of suicide by wife, the accused/husband has got his timely promotions. "

If other deptt has violated rules that doe snot mean that your deptt should also violate.

Sudhir Kumar, Advocate (Advocate)     18 August 2015

whether my promotions have been rightly witheld??

 

BAsed on given facts YES.

Sarmmarmbb (goi)     20 August 2015

thank u very much sir for clarifying me

Regards

Kumar Doab (FIN)     21 August 2015

You may go thru following thread and judgments quoted in it and strive to get relief:

 

https://www.lawyersclubindia.com/experts/Service-matters-urgent-advice-needed-535966.asp#.VUjXoPB-hkg

 

chandra mohan (power)     10 November 2015

1.Ask the court for speedy trial.

2. File defamtion case against 498a family.

3. Write a letter to your deptt that you are innocent until proven guilty as per our constitutuion. Go to court and take releif if your deptt. doesnot accept it.

 

Sudhir Kumar, Advocate (Advocate)     10 November 2015

In service litigation each one has to be presumed guilty till exhonerated.

Therefore you should not at all expect any promotion till exhonerated and that too if the exoneration is on merit (not on technical or procedural gound).  Litigation on this count with deptt at this state is futile. you may just end up wasting a bagful of money

Sudhir Kumar, Advocate (Advocate)     10 November 2015

defamation can be considred only when

  1. exhonerated and that
  2. the exoneration is on merit (not on technical or procedural gound).
  3. Period of appeal against acquittal is over.
  4. If your advocate (after reading order so advises) .

Premature filing of defamation will provoke (rather leave them with no choice) to fight tooth and nail to ensure conviction and appeal vigorously if you are by-chance acquitted.

 

you may just end up giving vigour and initiative to your advsersaries after wasting a bagful of money

Sudhir Kumar, Advocate (Advocate)     10 November 2015

you said

 

"Whereas in some of the govt. deptts. even in case of suicide by wife, the accused/husband has got his timely promotions. "

 

you can represent to the said deptt.  In case the facts are similar to your facts then said promotion can be withdrawn.  But your deptt cannot be compelled to follow suit if another deptt has ignored rules and given illegal promotion to anyone.

 

If thefacts of the case are not similar than yours still you hve no case.

Sudhir Kumar, Advocate (Advocate)     10 November 2015

you said

 

"F-inlaw approached and influenced office staff of my deptt. that is why everytime at the time of promotion/DPC, my case is kept in the sealed cover stating owing to criminal proceedings "

 

he does not need to any to influence anyone.  he just have to remind then (which they may be knowing) that criminal case is pending.  Thereafter deptt is bound to follow sealed cover procedure.

Sudhir Kumar, Advocate (Advocate)     10 November 2015

By the way:-

 

have you yourself (leave aside what is duty of police) informed deptt of the arrest/bail in this case, in writing.

This is vital for me to express fruther views.

 


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