sujay dhanush 04 October 2020
G.L.N. Prasad (Retired employee.) 05 October 2020
The presumption is that appeal is pending. Make a gentle reminder and as you have to finally file writ through a competent advocate, get his guidance in sensitive matters that are important in life.
sujay dhanush 05 October 2020
G.L.N. Prasad (Retired employee.) 05 October 2020
Mr.Dhanush
Let us be very frank, as such employees against whom DP was pending (in case of your appeal), even if some writ is filed, most of the judges wanted to relieve themselves by dismissing the case mostly, unless there is some involved with principles of natural justice.If they are kind enough, they may at the most direct employer to take action within a time frame. So, after exploring all the possibilities only, you have to go ultimately for a writ. Please contact local advocate who is experienced in such labor relations and everything depends on the gravity of the charges..
The employee should neither hurt the employer as resorting to court is not taken leniently by the employer and particularly at the time of promotion.
I can only suggest two things 1.A gentle reminder as to the grievance petition in pgrms for employees. and filing RTI Application to the Appellate Authority seeking reasons for the abnormal delay (you have not informed the months of delay)
I personally feel that you should have more patience and must exercise restraint. Be cautious at every step and give sufficient time to the Appellate Authority and never take any wrong step as the situation is delicate and no authority likes to be questioned, whatever serious the situation was due to his negligence. At this stage promotion is not that important, coming out with a clean chit, stainless is more important so that you can get the promotion even during the next chance. (There is an old proverb: "if your robes are on thorns, you should be careful in getting the robe back as slight negligence may cause loss)
sujay dhanush 05 October 2020
P. Venu (Advocate) 05 October 2020
You have not stated whether you are employed with the Central or the State Government. Nowadays all the Central Government and most of the State Government employees need to approach the Administrative Tribunal. If so, you can file an application after six months after submission of the appeal. An appeal is a statutory remedy. Reminders, gentle or otherwise, may not make much of a difference.
However, whether poor result, per se, could not be a ground for initiating a disciplinary proceedings or imposing punishment unless the poor result could be attributed to lack of devotion to duty on your part and there is a specific finding to this effect.
During the currency punishment, you are not eligible for promotion.
By the way, is this alleged misconduct on your part reflected in your APAR (or ACR)?
As the withholding of increment is with cumulative effect, retirement benefits and pension would be adversely affected.
sujay dhanush 19 June 2021
P. Venu (Advocate) 19 June 2021
The only remedy is in filing a Contempt Petition.
sujay dhanush 19 June 2021