Allegations against the government servant and promotion
Querist :
Anonymous
(Querist) 31 July 2011
This query is : Resolved
Against the government employee complaint is received alleging certain irregularities against him. There is a prima facie evidence. Charge sheet is not yet issued. At this stage can the DPC recommend his case for promotion or otherwise.
Secondly if charge sheet is issued, then his case can be recommended for promotion by the DPC?
Isaac Gabriel
(Expert) 01 August 2011
charges are classified as minor and major.Minor charges end with lighter punishments,for which pendency of charge memo is not a bar for promotion. If the charges are major requiring major punishments, it will affect promotion.
Guest
(Expert) 01 August 2011
Dear Anonymous,
The function of the DPC is restricted up to the recommendation of the employee for promotion based on merits after seeing the ACRs of the employee for the last 5 years. If during that period there is no mention of any charge sheet or existence of any adverse remarks in the ACRs, the DPC can make clear recommendation for promotion if justified. So, if charge sheet has not yet been framed, irrespective of prima facie evicence, the question of rejection by the DPC does not arise. THE QUESTION IS whether any disciplinary case is pending against the employee, BUT NOT if contemplated. Charge sheet for his past misconduct can however be served after promotion of the employee.
However, if charge sheet has already been issued before the DPC prepares a select list, the DPC has to make its recommendations on report by the administration and keep the case of the concerned employee in the sealed envelop.
On conclusion of the disciplinary case, the competent authority is bound to open the sealed envelop to check about the recommendations of the DPC. If his case has been recommended for promotion by the DPC and the employee has not been awarded any major penalty, he can be promoted with due merit restored in the select list for his seniority in the cadre. In case the major penalty has been awarded, question for his promotion will not arise.
