Increment kept in abeyence
Guest
(Querist) 04 January 2013
This query is : Resolved
On raising a manhandling and hate speech case against my senior,I was cleverly chargesheeted along with him for disobeying and hitting him.My increment was kept in abeyence on account of Disciplinary proceedings pending against me.Now suddenly chargesheeted employee (my senior) got his due promotion without me receiving any letter
of conclusion of proceedings.My increment still remains withheld without any notice.Kindly advise on the issue.
Raj Kumar Makkad
(Expert) 04 January 2013
law cannot be discriminatory especially administrative law should be indicative of impartiality so make representation to the disciplinary authority and demand equal treatment in the similar situation.
Guest
(Querist) 04 January 2013
Thanks for the reply.
The HR says you are being oversmart and when a third person questioned of his promotion to
the Central HR they said that the case has been closed.So can the case be closed for my opponent and not for me.I am in total dilemma
regarding whom to and where to approach.I am facing injustice.Kindly advise.
Guest
(Querist) 05 January 2013
Its a PSU.
Guest
(Expert) 05 January 2013
Your increment cannot be stopped without any formal order of the competent authority about award of penalty of withholding of increments, if that is due to penalty in disciplinary case. It cannot be said that your increment has been held in abeyance without conclusion of inquiry proceedings. You may better check with the DDO about the exact cause of holding of your increment in abeyance. if any order has been issued by the disciplinary authority, ask in writing for the copy of the same, so that you may be able to submit your appeal within the prescribed time for appeal.
Guest
(Querist) 05 January 2013
Thanks for the reply Sir.
I have obtained in written form the HR where the reason stated is pending enqiry proceedings.Meanwhile the proceedings have been completed where I have submitted my second reply but there has been no formal conclusion of the case.On the other hand the other party has already obtained his due promotion.Kindly advise further regarding appeal procedures.What are the other options available for me?
R.K Nanda
(Expert) 05 January 2013
No more to add.
Guest
(Expert) 05 January 2013
Appeal can be made only on receipt of and with reference to the penalty order, as issued by the disciplinary authority. In the meanwhile, you may ask in writing for the copy of rules under which the increment can be stopped pending inquiry proceedings without the communication of the orders of the disciplinary authority to the charged official.
You cannot link your case with the disciplinary case or the promotion of some other person.
Sudhir Kumar, Advocate
(Expert) 05 January 2013
If it is a PSU then the CDA Rules must be having a provision corresponding with Rule 23 (iv) of CCS(CC&A) rules which read asunder :-
Rule 23. Subject to the provisions of rule 27, a Government servant may prefer an appeal against all or any of the following orders, namely:-
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or
stoppage of increment before finalisation of proceedings amounts to a penalty.
If you PSU is not in CAT jurisdiction then you have to appeal befor eHigh Court or Distt Judge but only after having exhausted departmental remedy of appeal as suggested by Mr Dhingra.
If the othr accused has got promoted during proceedings then it si either a manipulation or undue favour for which you can directly complaint to the CVC.
Raj Kumar Makkad
(Expert) 05 January 2013
The querist has not told whether his employer is PSU or a govt. department so he has been advised to approach CAT.
Guest
(Querist) 05 January 2013
Thanks for your replies.
Dhingra Sir:The other person happens to be the other accused(chargesheeted person).Can the case be closed for him without any intimidation to me in this regard and hence get promotion.Also on asking a copy of the rules under which my increment has been withheld they produced some old leaflet order
for the same but did not give it in written reply.
Sudhir Kumar Sir:The enquiry proceedings have been completed as of now with the charges against me proved correct.I have been asked to comment if any in written where I have again negated the charges logically.But I have not received any formal closure of the case with punishment if any in written.Further my withhold increment has not been released as of date.
Raj Kumar Makkad Sir:Its a PSU.
Sudhir Kumar, Advocate
(Expert) 06 January 2013
You have been advised of the rule position. You have not consulted CDA Rules of PSU.
Notwithstanding the mertis of the case against you, withholding of increment prior to inquiry is illegal and even the penalty (if it is stoppage of increment) will also be a prejudice.
This forum does not litigate for free querists. It is you alone who has to challenge and way has been shown to you.
Sudhir Kumar, Advocate
(Expert) 10 March 2013
New Thread at
http://www.lawyersclubindia.com/experts/Dismissal-372621.asp
Since by now you stand dismissed the above advise may be redundant now and advise regarding dismissal has been given to you.
