issues on review DPC and subsequeent DPC results after ad-hoc promotion
m.v.prabhakar
(Querist) 18 December 2008
This query is : Resolved
Sir,
1.Can you pl. tell under what situation the review DPC is permitted along with CAT/HC/SC judgements.
2.Can a review DPC is possible when an applicant was considered as /deemed to be suspended on the date of original DPC which was revocked subsequently with retrospective effect (earlier to original DPC date). What remedy is available.
3.Sealed cover was opened after two years of DPC result and regular promotion was given with a rider that in the event the promotee punished under crimial proceedings the promotee will be reverted back.
My qurry is
If the candidate (refered in 2 above) is called and selected in the subsequrnt DPC for the next grade (result is kept in the sealed cover) can he be promoted with the similar terms.
Kindly give you expert advise supported with some case laws.
All the above three questions are relating to the same person.
Regards
CA Prabhakar
Murali Krishna
(Expert) 19 December 2008
I faintly remember, earlier also this query was replied.
DOP&T, after janakiraman's case, in 1993 has issued a detailed circular for non gazetted and gazetted employees. You please refer it and it will clarify your doubts. I feel point no 2 & 3 are done properly.
m.v.prabhakar
(Querist) 21 December 2008
Sir,
Thanks for the reply.
You are right. Similar question was posted earlier and it is still open.
I am yet to get clarity on my question so as to address the issue confidently with the concerned authority.
To clarify further,the issue is, While the applicant was promoted earlier with such rider, the next DPC as also held in the mean time for the next grade and the applicant as caleed and faced the DPC also.
The result of new DPC for higher post is again kept in the sealed cover.
Can we request the management to promote the applicant with the same rider as was done in the earlier promotion which in any case will be reversed back in case he is not aquited.
Pl. suppot your advise with proper reference to any notification and/or case laws.
I am greatful for the reply you had made adn looking for some more clarification.
CA Prabhakar
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
Sudhir Kumar, Advocate
(Expert) 27 July 2012
Please come with full facts. With all my experience in didsciplinary matters and promotions, I am not able to understand what are full facts. Which criminal case you are talking about.
