SEALED COVER PROMOTIONS AGAINST VIGILENCE/CRIMINAL CASE
ARUN KUMAR VERMA
(Querist) 08 August 2010
This query is : Resolved
MY BROTHER IS WORKING IN GOVT. INSURANCE CO. AS ASSISTANT MANAGER AT DELHI.HE WAS POSTED AT GHAZIABAD IN 1996 AS BRANCH MANAGER TILL 2001 WHEN HE WAS REMOVED FROM THE SAID POST DUE TO SOME VIGILENCE CASE IN 1998 ,WITHOUT ISSUING ANY CHARGE SHEET BY THE DEPT.AFTER THAT HIS MEAGER CASE WAS REFERRED TO CBI IN 2003.AFTER GIVING CASE TO CBI DEPT. ISSUED A CHARGESHEET FRAMING 03 INSURANCE RELATED CHARGES AGAINST HIM,A INTERNAL DEPARTMENAL INQUIRY WAS CONSTITUTED AGAINST HIM.AFTER THE INQUIRY WAS COMPLETED, AS NONE OF THE 03(FALSE)CHARGES WEERE PROVED AGAINST HIM.THE THEN GENERAL MANAGER RECOMMENDED FOR HIS EXONERATION TO CBI.
BUT UNFORTUNATELY,THE THEN Dy. MANAGER (DICPLINERY AUTHORITY) IMPOSED A PENALTY OF AN PERMANENT REDUCTION BY ONE INCREAMENT IN HIS PRESENT SALARY IN 2008.IT IS IRONIC & SURPRISSING THAT ON THE ONE HAND THE G.M. IS RECOMMENDING FOR EXONERATION & ON THE OTHER HAND Dy.G.M. IMPOSING A PENALTY.
SINCE THEN MY BROTHER HAS SUCCESSFULLY PASSED THE PROMOTIONAL EXAMS THRICE IN 2008, 09 & 2010 RESPECTIVELY AS HE IS SENIORMOST IN THE PRESENT CADRE BUT DUE TO CASE IN CBI. HE HAD NOT BEEN PROMOTED.
MY QUERIES ARE AS FOLLOWS:
01. CAN A PERSON'S CASE BE DIRECTLY HANDED OVER TO EXTERNAL AGENCIES WITHOUT ANY INTERNAL INQUIRY OR WITHOUT BEING ISSUED ANY CHARGESHEET?
02. CAN A PERSON BE PUNISHED FOR TWO TIMES FOR A SINGLE CRIME?
03. WHAT IS THE SEALED COVER PROCEDURE IN PRAOMOTIONS?
04. WILL MY BROTHER GET THE PROMOTION FROM BACK DATE IF EXONERATED BY HONOURABLE COURT?
I WILL BE HIGHLY OBLIZED TO ALL OF YOU, AS MY BROTHER IS AT THE SAME POST FOR THE LAST 16 YEARS WITHOUT COMMITIN G ANY CRIME.
THANK YOU……….PLEASE ADVICE.
ARUN
s.subramanian
(Expert) 08 August 2010
Answer No.1. Yes. if the gravity of the offence is serious,then it can be directly handed over to the external agency and no need is there for internal enquiry.isuance of charge memo is not necessary at all.
Answer No.2. No. a person cannot be vexed twice for the same offence.
Answer No.3. It is a procedure followed when there is an adverse remark against an officer. It is sealed only to keep it confidential.
Answer No.4. It is not automatic. after the completion of the criminal case and acquittal,your brother must make a representation in this regard to the competent authority.if it is not complied with,he has to approach the high court of delhi under Art.226 by way of a writ to get all the remedies.Wish your brother all the very best god bless him.
