Reinstatement , regularization and promotion
RAJU
(Querist) 14 April 2012
This query is : Resolved
Sir plz suggest judgments /case laws in my case
1)I have been convicted in a ACB case by Special(ACB) court and on appeal The High Court AP has acquitted me in the case and also set aside the lower court order and also ordered to return the fine to me if any paid,
2)on appeal to Govt(AP)reinstated me to duty duly dropping Further action against me,and decided to not to file SLP/appeal in SC against High court orders.further no other disciplinary charges pending against me.and no punishments were awarded.
3)after my reinstatement duty My Department APFD has conStituted Departmental Promotion Comitte and given promotion to my juniors and my candidature was not included in seniority list and promotion panel.
4) on my appeal to conduct review DPC and to give promotions to me, the APFD says as the period of suspension(2 years) and period of dismissal(4 years) was not regularized my candidature can not be considered for promotion.though i have put minimum service requirement on the date of DPC and passed qualifying tests also.
Sir
plz suggest various judgment and case lwas and remedied if any.
thanking you.
Rama mohan
vallala@in. com
Guest
(Expert) 14 April 2012
What will you do with the judgments/ case laws, unless you get decided about the period of suspension by the competent authority whether to treat that as duty or leave due, etc?
Regularisation of the suspension period is obligatory on the part of the disciplinary authority, which can be decided simultaneously by the aauthority and could have been communicated to you even along with the order for reinstatement. You first need to send representation to the concerned disciplinary authority to regularise your suspension period. If they don't take any action on your representation only thereafter you should approach the court of law that too for expeditation of the case for regularisation.
About non-consideration of your case in the DPC, it is quite wrong if your name was not included in the panel for consideration for promotion along with other candidates of your batch and the recommendations of the DPC was required to be kept under sealed cover to be opened on finalisation of the disciplinary proceedings (not merely reinstatement from suspension).
Sudhir Kumar, Advocate
(Expert) 14 April 2012
You query is silent about the dates. It is not clear as to how old is reinstatement and whether you have at all represented for regularisation of the period of suspension.
Anyway a junior can be promoted prior to senior only in following situations :-
(i) If senior Direct recruit is merely having ante-dated seniority with lesser service than qualifying service as on the 1st January preceding the vacancy.
(ii) If the promotion is selection mode and junior has better ACR.
(iii) If the senior has adverse ACR
(iv) If the senior is involved presently in disciplinary /criminal case or under suspension.
(v) If the senior is debarred for promotion due to earlier refusal.
(vi) If the senior is on deputation and promotion is ad-hoc.
(vii) If the junior belongs to reserve category and the vacancy is reserved.
(viii) If the promotion is by deptll examination and junior scored better.
(ix) If senior is undergoing a penalty as on the date of promotion.
(x) If senior is on long leave.
In your case there is no such thing at least as you described. In case you had qualifying service then the past five available ACR could have been considered.
RAJU
(Querist) 14 April 2012
Thank you sir,for guidence ,However
my case is
1)in my reinstatement order it is "just reinstatement to duty", without mentioning about the period of suspention /Dismissal as "on duty" or leave etc....
2) I had given representation to regularize the period of suspension and Dismissal as on duty and give me promotion well before DPC constituted,
3) I have no other Disciplinary proceedings pending against me and I have put qualified service for promotion i.e.8 years as on date of DPC,and none of the above i to x condition/rules i shall fit.
4) How old reinstatement--- sir the reinstatement is Aug 4 th 2012 and DPC 31stAug2012 and my representation on 29th AUG 2012 for regularization and promotion.
Thank you sir
RAMA MOHAN
vallala@in.com
