is pendency of criminal case a bar to promotion ?
suresh kumar
(Querist) 13 January 2010
This query is : Resolved
My fried is a constable in CISF. he passed the LDCE Exam and became eligible for being promoted to Sub Inspector directly. But he was not sent for training of SI.EXE for the reason that a case registered under Section 498A IPC on a false complaint by his wife was pending. I had earlier come across a decision in SCC that pendency of criminal case is not a bar to promotion, which I am now not able to recollect or search it out. The CISF people have taken a stand that he can be promoted only after producing an acquittal order in the criminal case. Though he was sent for basic training and has completed Police Attachment and is now in Pre-Commando training, he is still retained as a Constable and is paid only the salary of a Constable. All others who attended training were given salary of Sub Inspector from the day of starting of Basic Training amd were awarded the Rank of Sub Inspector, immediatly on completion of training, except my friend .There is no rule in CISF Act or Rules prohibiting promotion for the reason of pendency of a ctiminal case.
Kindly advice me what is to be done and if possible kindly send me the Judgement of the case regardig the finding that pendency of a criminal case is not a bar to promotion reported in Supreme Court Cases.
N RAMESH.
(Expert) 14 January 2010
Advice your friend to negotiate with his wife to solve the pending case.
B K Raghavendra Rao
(Expert) 14 January 2010
Unless proved guilty, a man does not become an offender. Therefore, there is no bar in promoting you.
Sachin Bhatia
(Expert) 14 January 2010
Better for your friend to solve the matter with the help of elders in the family and try to negotiate with his wife.
suresh kumar
(Querist) 14 January 2010
Thank you very much, Ramesh Sir, Raghavendra Rao Sir and Sachin Bhatia Sir, for the esteemed effort for a speedy reply.
I wish to elaborate that a question of negotiating with the wife is beyound possibility as she has the habit of stealing amounts and things wherever she stays and my friend himself has been issued many warnings due to her behaviour.
I remember to have seen a decision in SCC ( if I remember correct, it was in one of the 2008 volumes of SCC, but not sure) wherein the Court has held that that "pendency of a criminal case is not a bar to promotion. I am not able to locate that decision in this ample moment.
CISF Act ot Rules do not prohibit a promotion if a criminal case is pending.
Moreover, when a candidate passes the LDCE examination, he becomes eligible for the post of Sub - INspector and the basic training, police attachment and pre-commando training imparted thereafter are in service training. Those passing the LDCE are given the salary of Sub-Inspector from the day of joining training. Only the Rank of Sub-Inspector is given after completion of training.
Bur my friend is still getting salary of a Constable. He passed the LDCE, he successfully completed the basic traininf\g, Police attachement and is now attending pre-commando training. Since the training is an in service training and everybody is given the salary of Sub_inspector, my friend also has to be given the Rank and salary of Sub-Inspector.
adv. rajeev ( rajoo )
(Expert) 14 January 2010
advise your frnd to file an application to chief regarding his greviences
Binod Kumar Mishra
(Expert) 14 January 2010
Dear Suresh,
Promotion pending only an investigation is not bar in promotion. you friend is eligible for promotion, but since your office come under Ministry of Home Affairs, then the central government service rules will be applicable to him apart from any CISF rules. the employer has to consider his promotion and will keep the outcome of DPC (Departmental Promotion Committee) into a sealed cover procedure and the same will be open and awarded to your friend after closure of the said case.
a personal request/advise to you that better to go for settlement with wife anyhow to save your friend from financail/physical/emotional bankruptcy.
Guest
(Expert) 20 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE 498A CASE AGAINST YOU AND PROMOTION KINDLY NOTE THAT.
1.YOU MAY FILE A CRIMINAL WRIT PETITION TO THE HIGH COURT OF AREA CONCERNED AND PRAY FOR QUASHING FALSE COMPLAINT UNDER CRPC.482 .HIGH COURT WILL CALL RECORDS OF LOWER COURT AND HEAR ACCUSED AND COMPLAINENT AND AFTER VERIFYING THE CORRECTNESS OF DOCUMENTS ON RECORD,HIGH COURT MAY QUASH THE CASE UNDER SEC.498 A OF I.P.C.
2REGARDING THE PROMOTION CASE THE HIGH COURT ORDER WILL BE USEFUL FOR YOU.YOU MAY FILE ANOTHER CIVIL WRIT PETITION TO HIGH COURT AND YOUR CONCERNED DEPT.HEAD SHOULD BE RESPONDENT AND YOU MAY PRAY FOR PROMOTION AND OTHER BENEFITS.
3.KINDLY NOTE THAT THIS IS A COMPLICATED MATTER AND A LEGAL EXPERT CAN DRAFT RELEVENT APPLICATIONS .YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
suresh kumar
(Querist) 21 January 2010
I thank
Rameshji,
Raghavendra Raoji,
Sachin Bhatiaji,
Rajeevji,
Binodji,
and Nandkumarji for the greqat advice.
I sm very much grateful to you all for the esteemed efforts taken to think about my doubt regarding my friend's issue.
