Not satisfied by the departmental promotion committee result

As a Temporary measure, first file this as grievance in DOPT on line portal pgportal and wait for the response.

As a Temporary measure, first file this as grievance in DOPT on line portal pgportal and wait for the response.  This may not take more than 30 days normally.  Then depending on their response, go for further action.

before moving to DOPT (CPGRAM) he needs to be enlightened of the facts which he doe snot know at present.

"Company has two performance appraisal report in a year to be filled by employees and then the reporting officer puts her remark and after that reviewing officer accepts it and the process of Performance appraisal closes."

Nothing new.  This is the practice in every govt organisation.

“Company has never communicated any thing about the performance or anything for the employee to them and said the Annual Performance Report is confidential and cannot be shared. “

Non communication itself conveys that there is nothing adverse.

If there is any thing which is adverse then it has to be communicated at all cost and if not communicated then it cannot be used as a materil to deny promotion and DPC is bound to ignor esuch report.

The policy of the company cannot override Supreme court order.

“Even in RTI also they are not sharing the performance report to the employee concerned.”

That means none has hauled them up in CIC wherein they pay end up paying even a fine.

There is nothing in the appraisal report which attracts section 8 of the RTI Act.  Rather preswent govt policy is that the report must be got signed by the employee and copy rendred to him without which it cannot be filed in dossier.

Mere confidentiality of a document is no ground to deny access of the same unless the information contained therein is detrimental to the security of state.

The policy of the company cannot override Law laid down by the parliament.

“Every two to three years departmental promotion committee sits “

DPC has to sit annually if there are vacancy and even more than once an year if additional vacancies are there. 

If there are not vacancies it need not sit.

Even if sits at later stage for past vacancies the eligibility and all inputs  of past vacancies has to be seen retrospectively. Inputs that arose subsequently are to be ignored.

You need to knwo the date  of vacancy, reservation position and date of meeting of  DPC and the reports cosidered by DPC.

You can use RTI to get such details.

“Company has not communicated any seniority list or number of post or anything just the interview date for the DPC.”

Illegal. Even draft serniority list has to be circulated before printing final list.

You can exercise RTI and get if suchaction was done.

"Where the members of the committee are from outside of the organization and give their recommendation for promotion and the same is implemented by Company."

You have not commented what is the composition of the DPC as laid down in the recruitment rules formulated by the EC.  Each post is bound to have recruitment rules.

You have not commented whether SC/ST member is being cooped and whether any reserved vacancies were there.

You can use RTI to get such details.

“The DPC has not promoted an employee even after 5 years of his working in the same grade whereas all the other employees except two employees out of  14 employees were not promoted and all rest promoted.”

Your descripttion is vague.  You have not communicated if any junior has been promoted and if so whether he has been promoted before senior because of (i) low performance of sernior (ii) post being selection promotion (iii) junior being SC/ST. 

You are expected to know all this

and if you do not know the

You can use RTI to get such details.

“Employee is aggrieved as why he was not promoted and want to know his Annual Performance Reports but the company is not ready to share anything and says the decision of Departmental Promotion Committee is final and their can be no review.

In the above scenario what the employee can do to get the justice in this case where the Head of the Company has also said we cant do anything in this.”

You need to collect above details and meet a lawyer and consult on feasibility for going to court..  Meeting lawyer without these details is waste of time.

“In the Office Rules also there is no guidelines/rules specified for the promotion of the employee from one grade/post to other.”

Every PSU has a provision to follow DOPT guidelines if no rules are framed by the EC on any one subject.  Your PSU cannot be expcettion.  See the EC resolutions.

“Please advice what employee should do to get the justice in this case. The performance of the employee for all the years was good as per employee and is not aware of what his reporting officer has mentioned in the Confidential report as to why he was not promoted.”

Already discussed above.