Non issue of hall ticket for postal group"b" gazetted exqm
Devulapalli Subbarao
(Querist) 20 May 2012
This query is : Resolved
Sir,
One of my friend dy.postmaster has applied for the Group"B" gezetted examination going to beld shortly. Hall ticket was not issued on the pretext that a charge sheet under rule 16 of CCS(CCA)Rules1965 for minor penality. I was made as a sub offender in a fraud case of Ahobilam Branch post Office. ORDER OF DEPARTMENT OF PERSONNEL AND a.r DATED 16.2.79 STATING THAT PUNISHMENT OF CENSURE AND RECOVERY OF LOSS OF AMOUNT CAUSED TO THE DEPARTMENT AND STOPPING OF INCREMENT IS NOT A BAR FOR PROMOTION ITSELF. NOW THE POSTAL DIRECTOR GENERAL ISSUED ORDERS STATING THAT A PENDING CHARGE SHEET OR CONTEMPLATION OF A CHARGE SHEET IS A BAR FOR ATTENDING AN OFFICIAL FOR AN EXAMINATION.
1.PLEASE CLARIFY WHETHER THE D.G.POSTS ORDERS ARE CORRECT.
2.WHETHER THE D.G POSTS CAN ISSUE ORDERS SUPERSEDING THE ORDERS OF THE DEPARTMENT OF PERSONNEL.
3.PLEASE SEND ME ANY JUDGMENT OF NHIGH COURT OR SUPREME COURT PERMITTING AN OFFICIAL IN THE ABOVE SITUATION.
=D.SUBBARAO
Guest
(Expert) 20 May 2012
Dear Subbarao,
You are mixing up two different issues, the punishment that relates to any past event, and the charge sheet, which is a present event. You have not mentioned whether in the Minor Penalty charge sheet, whether the official has been penalised with censure/ stoppage of increment or the decision of the Disciplinary Authority is yet to come.
During diciplinary proceedings, all routes to the promotion are closed till the final settlement of the case. Even in the case of minor penalty, the promotion is not made during the pendency of the penalty.
In your case, the Dy. PM is still to take the exam to qualify on merit for promotion. So, how his promotion becomes due to be covered under the letter of the Department of Personnel?
DG Posts is fully empowered to bar any tainted official to appear in exam for such a responsible post till he comes out blotless.
Sudhir Kumar, Advocate
(Expert) 20 May 2012
The epndancy of disciplinary proceeding is a bar on actual promotion adn it is not a bar on the apperance in the examination. The accused has a right to be considered and sealed cover procedure is adopted which is opened only if he has been exhonerated. So that action of Deptartmental is not sustainable.
If he had been allowed in the examination the department would have been justified to deny promotion even if he would have been on the top of the merit if he was not exhonerated.
Please do not mix it up with a case where the proceedings were finalised befor econsideration for promotion.
