Promotion denied due to pending vigilance case investigation

Kishore Malkunaik (Querist) 20 July 2018 This query is : Resolved
I am working in Railways RPF ( Railway Protection Force) and my promotion for the post of Sub-Inspector is denied due to pending investigation in vigilance case from more than 18 month. Moreover no informed me about what is case, no any suspension , no any DAR intiated and no any criminal case is pending in any court.

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Dr J C Vashista (Expert) 21 July 2018
Did you submit your application/representation to the authorities against denial of promotion, if neither suspended nor DE proceedings?

Sudhir Kumar, Advocate (Expert) 21 July 2018
If no chargesheet has been issued (the day when promotion was due) then promotion cannot be denied

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Ziaur Rahman (Expert) 21 July 2018
Rule and order plus various judgments say that promotion cant not be denied during the preliminary inquiry or contemplation of any departmental inquiry in any case. You should submit your representation claiming promotion. If the Disciplinary Authority denies it then file Appeal before the Appellate Authority of your department. Also file RTI application u/s 4(1)(d) of RTI Act as an affected person to know the reason of denying promotion. If a sufficient reply is received then submit representation for close cover procedure to preserve your seniority. As RPF is a central Government controlled organization you can also move to CAT.

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P. Venu (Expert) 21 July 2018
Yes, ascertain the reason for the denial of promotion and it is better if a statutory appeal is submitted under the provisions of the CCS(CCA) Rules.

Guest (Expert) 22 July 2018
What is the source of your information? Have you received any official communication about the reason for denial of your promotion?

Sudhir Kumar, Advocate (Expert) 22 July 2018
Just give representation.

RTI course is not to be used here.

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