P K Sharma (Engineer) 11 November 2019

Promotion retrospectively

My candidature for DPC of 2001 was kept in sealed cover. As per order of CIC, sealed cover was opened. I was found suitable on the said DPC of year 2001. CCS(CCA) Rule 1965, Part V Penalties and Disciplinary authorities, 11 Penalties, (7A)(iii) reads as under: Where the departmental proceedings have ended with the imposition of a minor penalty, viz, censure, recovery of pecuniary loss to the Government, withholding of increments of pay and withholding of promotion, the recommendation of the DPC in favour of the employee, kept in the sealed cover, will not be given effect to. But the case of the employee concerned for promotion/confirmation may be considered by the next DPC when it meets after the conclusion of the departmental proceedings. If the findings of the DPC are in favour of the employee, he may be promoted in his turn if the penalty is that of “censure” or “recovery of pecuniary loss caused to the Government by negligence or breach of orders”. As such I should have given the promotion in next DPC of 2002 retrospectively. However my department is not honouring above rule. What should be my future course of action

Reply Follow

8 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 November 2019

Ji, why silence till this date? Are there any charges pending? Final orders issued on the charges or not? you have not stated full facts to reply.

P K Sharma (Engineer) 13 November 2019

I was finally awarded penalty of Censure. However my organisation was not opening sealed cover despite of my several requests, appeals. The sealed cover was opened in Dec` 2016 on the directive of Sh. Yashovardhan Azad Information Commissioner.As per above CCS(CCA) Rule1965, I should be promoted retrospectively. My organisation is turning deaf year for my retrospective promotion.

kavksatyanarayana (subregistrar/supdt.(retired)) 14 November 2019

The punishment "Censure" holds upto one year only. During the punishment period either major or minor, you will not get promotion. After completion of punishment, you will get promotion. so first appeal to higher authority and if not considered then go to Tribunal as the case may be.

Sudhir Kumar, Advocate (Advocate) 16 November 2019

did yourepresent if so when?

P K Sharma (Engineer) 18 November 2019

I have represented to my department so many times in the past since imposition of penalty.I have raised the matter to other forums like Public Grievance portal, central information commission, ministry of power etc, but the result is unfruitful.

Sudhir Kumar, Advocate (Advocate) 23 November 2019

Originally posted by : P K Sharma
	I have represented to my department so many times in the past since imposition of penalty.I have raised the matter to other forums like Public Grievance portal, central information commission, ministry of power etc, but the result is unfruitful.

when you represented

P K Sharma (Engineer) 23 November 2019

I represented in 2002, 2003& 2004. In 2007 I issued legal notice through my advocate. However I have been promoted in 2007. Effective date of promotion was 2007. On 2015 I filed RTI o open my sealed cover promotion. Sealed cover was opened in Dec2016. I represented my case in Public Grievance portal in 2016 also.