Denial of promotion
Lorax Michael
(Querist) 12 April 2016
This query is : Resolved
JOINED AS ASSISTANT IN LIC IN 1997, PROMOTED TO NEXT CADRE IN 2001, ELIGIBLE FOR NEXT PROMOTION IN 2006, MEANWHILE GOT A DEPARTMENTAL EXPLANATION LETTER IN 2006 FOR ACCEPTING A CHEQUE IN WRONG CODE FOR A WORK DONE AS A PANEL CASHIER IN 2000.AND THEREAFTER PROMOTION WAS DENIED UNTIL 2010 WHEN MY NAME WAS PUT IN THE SEALED COVER AFTER SEVERAL REPRESENTATIONS WERE MADE TO HIGHER AUTHORITIES. THROUGH RTI LIC ALWAYS DENIED THAT ANY CHARGES WERE FRAMED AGAINST ME. IN FEB'2013 WE MOVED TO HIGH COURT WITH A WRIT PETITION AND IN AUGUST 2013 LIC GAVE ME A LETTER OF CENSURE AND NY SEALED COVER PROMOTION WAS WITHHELD. BUT IN 2014 CASE WAS REGULARISED AND IN 2015 WE APPEALED FOR EARLY HEARING WHERE THE APPLICATION IS REJECTED BY THE JUDGE AS IT WAS NOT PUT PROPERLY BY OUR ADVOCATE.NOW OUR QUESTION. IS THERE ANY CHANCE THAT IT WILL COME OUT OF REGULAR OR WE SHOULD LOSE THE HOPE AND WITHDREW THE CASE AS WE WERE MISGUIDED BY OUR LAWYER.
PLEASE SUGGEST.
P. Venu
(Expert) 13 April 2016
From the facts stated, it appears that no charge-memo had been issued. As such, sealed cover procedure had been adopted injudiciously. In the absence of charge-memo and a departmental inquiry, the censure, even if the CDA Rules permit, does not amount to a punishment.
However, the query is silent on how the case was regularised in 2014. Please disclose the details.
Rajendra K Goyal
(Expert) 13 April 2016
Whether any charge sheet was issued to you?Against the decision of censure, have you represented to appellate authority?
Inquiry may not be held when case is of minor penalty.
Go through your departmental rules, for how much time chance of promotion can not be given in case of censure. In some department it is one year. after that time you may be considered for higher promotion.
Rajendra K Goyal
(Expert) 13 April 2016
Whether any charge sheet was issued to you?Against the decision of censure, have you represented to appellate authority?
Inquiry may not be held when case is of minor penalty.
Go through your departmental rules, for how much time chance of promotion can not be given in case of censure. In some department it is one year. after that time you may be considered for higher promotion.
Lorax Michael
(Querist) 14 April 2016
IT WAS A CLUSTER CASE WHERE 8 CLASS I OFFICER AND 18 CLASS III EMPLOYEES WERE INVOLVED. ALL CLASS I OFFICER AND 13 CLASS III EMPLOYEES WERE CHARGE SHEETED AND FINALLY CENSURED. ALL CLASS I OFFICER GOT THEIR DUE PROMOTIONS ON TIME WITHOUT LOOSING A SINGLE DAY THOUGH THE CASE WAS FINALLY DECIDED FOR THEM IN 2013. HOWEVER CLASS III DID NOT GET PROMOTION UNTIL 2014.WHICH MEANT LOSS OF 2 PROMOTIONS.
THE CASE WAS REGULARISED BECAUSE THE CASE WAS NOT PRESENTED PROPERLY BY OUR LAWYER
THERE ARE 2 SETS OF RULES IN LIC REGARDING PROMOTION. FOR CLASS I UNTIL CHARGE SHEET IS ISSUED PROMOTION CANNOT BE DENIED.FOR CLASS III ANY EXPLANATION CALLED FOR DENIES PROMOTION UNTIL CASE IS FINALISED.
I WAS NEVER CHARGE SHEETED. AND I HAD REPRESENTED THIS TO APPELLATE AUTHORITY BUT ALL IN VAIN.
I GOT PROMOTION IN 2015 INA REMOTE BRANCH IN JODHPUR BUT WAS NOT ABLE TO JOIN.
WHAT ARE THE CHANCES THAT IT WILL COME OUT OF REGULAR OR DO WE WITHDRAW THE CASE.
