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idiotsociety (Private Business)     17 April 2010

promotion for PR pending


  Good Morning,

           My father is working in Police department as Head constable and there are no punishments or black marks on him untill a case against me, father, mother, brother and sister is filed under section 304(b) and 302.

          My father is asked to attend a departmental oral enquiry and he attendented it where my in-laws(attended as witness) abused him before the equiry officer.

        Feeling bad he approached the APAT pleading that the sections are prima ficia and  also he cannot produce the doucuments/evidences prove to be innocent in the departmental proceeding as the same evidence/doucments need to be produced in the honorable administrative tribunal to prove his innocence and there is propability that they may be infulenced.

       Honorable Administratie tribunal heard and stayed the case until further orders.

       Now departmental test has been conducted for his promotion for which he is not allowed saying that a PR is pending.

My questions:

       Can the department can restrict him from taking the promotion/test?
       Please refer me a document having all these kind of rules (atleast under what rule ...etc..etc)
       Is there any way that the above said case can be effect him in no way?
       Can it be challenged in legal body to have his promotion? under what rule?

Thanks
 



Learning

 1 Replies

Daksh (Student)     17 April 2010

Dear Idiotsociety,

Evidently there is no bar as to the fact that your father is not eligible or cannot participate in the department promotion test.  As such there seems to be no impediment but equally pertinent is the fact to mention at this juncture that the department is also equally entitled to keep the promotional test pending subject to the final outcome of the proceeding.

I hope this clarifies your query.

Best regards and many good wishes for your father's well being and healthy wealthy prosperous personal and professional life.

Daksh


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