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Digambar Behera   15 April 2024

Service laws

any guidance and courses on service matters


Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     15 April 2024

very vague query.

T. Kalaiselvan, Advocate (Advocate)     15 April 2024

There are lot of courses.

You can browse through internet and choose one of your choice 

P. Venu (Advocate)     15 April 2024

Please post the facts, if there is any real issue.

Digambar Behera   15 April 2024

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 was 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.of the courts,

Sir, I have sent about 50 representations 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 employee, who is recommended for promotion by DPC but in whose case any of the circumstances (such as 1. An employee 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 (Advocate)     15 April 2024

You have repeated the same question under various titles in different threads of this forum. 

There's no answer to your frustrations or anxieties even if you repeat this question again in different form. 

The answer is with the high court disposal of pending case 

P. Venu (Advocate)     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.


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