Notional promotion of an employee who received minor penalty
devansh
(Querist) 11 August 2018
This query is : Resolved
Dear sir, There is a query as given below. someone may please clarify.
In a particular central govt department DPC for promotion in senior level of group A officers could not be held for consecutively 4-5 years due to administrative complications. When employees approached court , Court ordered to conduct DPC for vacancies in those vacancy years and give promotion. Suppose for vacancy year 2012-13, an officer is in the consideration zone . But this officer was issued a charge sheet under rule 16 for minor penalty ,say in September 2011 . His penalty order for withholding of one increment for one year without cumulative effect was issued in June 2013 and currency of penalty got over in June 2014.As per Court order DPC is proposed to conducted now in 2018 for vacancy year from 2012-13 to 2016-17.
My query is - DPC will consider his promotion from which date either 01.04.2012 or any other date . It will be a notional promotion or actual promotion. Is there any specific O.M. or guidelines for DPC to deal with such situation. If he is not given promotion from 01-04-2012 , will it not be a double jeopardy ,because in such case he will loose his seniority . If any Tribunal/Court decision exists for such situation,kindly appraise . Thanking you all in advance.
Isaac Gabriel
(Expert) 14 August 2018
Minor penalty is not abar for promotion.But when punishment is in currency, promotion could be made after the pushment is over.Retrospective promotion is not possible in this case.
Guest
(Expert) 17 August 2018
On which date the court ordered for DPC and In which year the last DPC was held before the order of the court?
devansh
(Querist) 17 August 2018
Dear sir
The last routine DPC was held in year 2011.For vacancy year 2012-13 to 2016-17 ,DPC could not be conducted due to administrative reasons. Now Court had ordered in Feb 2016 to conduct DPC for previous vacancy years. But department was a little bit adamant , so applicants filed a contempt petition in High court . After contempt petition ,department agreed to follow court order . Order on contempt petition has been issued by High Court in 2018.And now DPC process has started.
Once again query is this whether DPC may decline notional promotion of said officer in vacancy year 2012-13 . If so , what is the counter argument that can be submitted to department . Further , in such case since which date/vacancy year DPC may consider notional promotion of said officer. Main issue arising out of such happening ,will be loss of seniority ,which is a big loss in senior level of Group A officers . I hope , I could clarify above query raised by Sri Dhingra ji. Kindly guide .
Guest
(Expert) 18 August 2018
Mr. Devansh,
According to the court order, so far as your description is concerned, your department is liable for holding of DPC by taking in to consideration of the vacancies for the years 2012-13 to 2016-17, but not for any notional promotion to any candidate with effect from any date pertaining to those years, if the court has not given any specific order to give promotion from retrospective effect, if selected for promotion. Regular or ad-hoc promotion, NOT notional promotion, can be given effect only with effect from or after the date of holding of DPC, if so recommended by the DPC.
Please be aware, courts can order for consideration of an employee for promotion, but not give an order to promote anyone without completion of due process of DPC. Consideration for promotion is made by the DPC, but consideration does not mean definite promotion, if not eligible for promotion due to not fulfilling some criteria specified by the RRs and also vigilance clearance.
So, question of notional promotion would not arise in this case, if the court has not ordered that the litigant employee be given promotion from back date, if selected by the DPC.
devansh
(Querist) 18 August 2018
OK Sir,Thanks a lot for understanding the matter and response . You mean to say that DPC will consider eligible employees for promotion and will accord promotion from the current date of DPC . No retrospective effect ,either notional or actual will be given, if the Court has not ordered so. OK ,got your point sir.
But I again spell out my query. If an officer is in consideration zone of promotion for vacancy year 2012-13 , in the DPC being conducted now in year 2018 and no notional or retrospective effect is to be given , whether vigilance clearance status of current period 2018 or vacancy period 2012-13 will be considered by DPC for effecting promotion, if employee is otherwise fit for promotion.
