Promotion denied due to pending vigilance case investigation
Kishore Malkunaik
(Querist) 02 December 2018
This query is : Resolved
Sir I was due for promotion w.e.f 01.04.2017 under restructuring scheme in Railway Protection Force and my name was mentioned in promotion list of DPC but in final order they denied my promotion. Suddenly I shocked and I made representation to my higher ups in which they stated that vigilance inquiry is pending against you and my case is kept in sealed cover . I again represented that till date I was facing any D&AR, nor suspension and no any prosecution is pending against me so approached High court Hyderabad in which Hon'ble high court passed interim order on 19.09.2018 stated that as on date no D&AR, no suspension till date, no crime registered Hence, promotion should be given to employee. My office got this order from high court. Later after 15 days i.e on 03.10.2018 my office issued D&AR action on the inquiry report of vigilance. Now they are not followed high court order. What should I do? Shall I filed contempt of court order?
kavksatyanarayana
(Expert) 02 December 2018
If there are no charges or pending enquiry against you at the time of passing Promotion orders, then your promotion cannot be denied. Consult your own counsel.
Isaac Gabriel
(Expert) 02 December 2018
Initiating disc.action after the order by High Court could be raised in the High Court for appropriate orders.
Sudhir Kumar, Advocate
(Expert) 03 December 2018
SO no case was pending on the date of DPC.
So sealked cover need to be opened.
Dr J C Vashista
(Expert) 04 December 2018
You have concealed "some" material fact in this post, consult your lawyer who is competent, able and intelligent to guide you and solve your problem.
