Service matter - departmental enquiry
9 months ago
Sir in departmental enquiry they have given punishment compulsory retirement in 2016 then I get stay (2016) at KAT then KAT also upheld the copulsary retirement then I got stay at high court in 2020 and Highcourt modified the punishment into withholding 5 annual increment with cumulative effect so my batch mates got pramotion in 2019 they denied me for pramotion from 2019 they said I'm under modified version of punishment since 2016
So can I get pramotion in 2019
A.Dear Client,
When the departmental order of punishment of compulsory retirement from service is modified by the High Court by withholding 5 annual increments with the cumulative effect which is opposite to with retrospective effect and so the order is effective from the date of order and thereafter. An employee who is inflicted by the punishment order of withholding of 5 annual increments from the date of resumption of his service following the modified Order of the High Court, cannot claim his promotion from 2019 citing the example of his batch mates when he was out of employment following the order of punishment passed in 2016 and modified by High Court in 2020.
When the departmental order of punishment of compulsory retirement from service is modified by the High Court by withholding 5 annual increments with the cumulative effect which is opposite to with retrospective effect and so the order is effective from the date of order and thereafter. An employee who is inflicted by the punishment order of withholding of 5 annual increments from the date of resumption of his service following the modified Order of the High Court, cannot claim his promotion from 2019 citing the example of his batch mates when he was out of employment following the order of punishment passed in 2016 and modified by High Court in 2020.
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A.Dear client,
In the case of B.George vs. I.G.Police, it was held that “withholding of promotion on the ground of pendency of a departmental inquiry would amount to inflicting of punishment that would be contrary to Article 16 of the Constitution.”
In Somaiah vs.Zonal Manager, it was held that “when disciplinary proceedings are initiated and when they are yet to be completed there is no knowing the petitioner can be found to be guilty of the charges that may be framed against him and he cant before then be punished through withholding of his promotion or by non-consideration of his case of promotion”.
Hence your promotion cannot be withheld solely because there was a departmental inquiry against you. Please file a complaint before the labour commissioner to redress your grievance
In the case of B.George vs. I.G.Police, it was held that “withholding of promotion on the ground of pendency of a departmental inquiry would amount to inflicting of punishment that would be contrary to Article 16 of the Constitution.”
In Somaiah vs.Zonal Manager, it was held that “when disciplinary proceedings are initiated and when they are yet to be completed there is no knowing the petitioner can be found to be guilty of the charges that may be framed against him and he cant before then be punished through withholding of his promotion or by non-consideration of his case of promotion”.
Hence your promotion cannot be withheld solely because there was a departmental inquiry against you. Please file a complaint before the labour commissioner to redress your grievance
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