90,000+ Legal Questions Answered

DPC granted withhold promotion for non communicated one yer poor ACR DPC granted withhold promotion for non communicated one yer poor ACR

11 months ago

The matter is Promotion under ministry of commerce and Industry. My promotion was granted by DPC and withhold. I asked my promotion result, they replied after DPC result that your ACR/APAR one eyer poor, so with hold promotion. But this APAR was non communicated.
I gave three months in last one year representation that “ non-communicated ACRs should not be considered prejudice for promotion purposes of public servant” please release my promotion but office remains silence. It is detaining my career as I am searching Director post. I have already a case in CAT. Can I lodge a separate harassment bis career detaining case?

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.Dear Client,

Once the grievance is now under sub-judice before the CAT, the filing of another case on the self-same subject is not admitted by another Court or Forum. You are now on the right track to resolve your grievance relating to promotion. In this context, it is to inform that the promotion policy of any establishment is made considering different factors, ACR/APAR is one among the other factors, so promotion can be claimed as a matter of right. Even Judicial authorities did not interfere with the subject unless they found gross injustice and malpractice done with the complainant on the face of the record. So you have to wait for the decision of the CAT mentioning a prayer in your petition that in case the complaint is allowed and upheld on the contest, promotion may be effected with retrospective effect.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCHit Fund
Dear Client, When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque i...
question iconTerrace rights
Dear Client, The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of a multistoried building. Legally, a Landowner or Builder...
question iconDisciplinary process for officer rank employee and a management staff.
Dear Client, Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
question iconRepairing require for 4 storage Building
Dear Sir, Every major repair to any building requires permission from local authority like KMC etc.
question iconDisciplinary process for management staff
Dear Sir, The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...