What after appeal that too after 19 years in Govt servant case
2 months ago
नमस्कार
I am Nimesh Joshi. Working for AVVNL (Ajmer vidhyut vitaran Nigam limited). In 2004, a show cause notice was served to me. This notice was served at a place from where I was already transferred. It was redirected by that office and I received it very late. I submitted reply of show cause notice through registered letter, stating very first that I have been transferred. Here it is to note that I was transferred by the same authority who issued the show cause. They sent two reminders to the same old address. I received all notices very late as they were redirected by the office from where I have been transferred. Before the expiry of time period of the reply for the third reminder, they arranged a personal hearing in that case (that too on the same old office address)obviously I was not able to attend. So I faxed that please keep another hearing for me. Later they punished me with 'censure' punishment, and I never received that letter. So I applied for appeal to higher authority i.e. CMD. He called me for hearing three times, but never heard me. Fourth time when he called me for hearing, I was not able to attend due to illness ( knee injury due to motorcycle accident). He passed the order ex parte and kept the decision of censure of lower authority. Now meanwhile some one told me that censure doesn't constitute any penalty, so I left the matter. I had joined the services in 1996. So as per rules of ACP (9-18-27 years of service) my first selection grade was due in 2005. But due to censure, it was delayed one year and granted in 2006. Now I contacted some persons in this field and they said nothing can be done now. Later the rules of ACP changed and it became 10-20-30 years of service. My second selection grade should be allowed after ten years of service from first selection grade, but they said that rule is 10-20-30 so 10+1 years, and instead of 2016 it was granted in 2017. In this way I have lost my two precious years for a crime which I never committed.
Now comes the last part, ACP rules changed again and it's now 9-18-27 years of service again. Due to this I am very much aggrieved and I want justice. Please help me and let me know what can be done in this case.
Before resorting to litigation to address your concerns with the management, it is advisable to explore the internal grievance redressal mechanisms, if available, as this may lead to a quicker and cost-effective resolution. If your grievance is valid, the management might resolve it internally. It's important to note that a show cause, even if resulting in minor disciplinary action, could have implications on your service record, affecting future career prospects such as promotions. However, challenging promotion policies in court is typically an option only if there's clear evidence of deviation, discrimination, or mala fide intent in the selection process. Before heading to litigation, consider representing your grievance to the Head of the Department for resolution. As a State Government employee, you can escalate the matter to the State Administrative Tribunal (SAT), established to address disputes related to public service appointments and conditions. If unsatisfied with SAT's decision, an appeal can be filed in the High Court. Seeking advice from a professional expert before challenging promotion policies before SAT is advisable.
Thankyou
Before taking the recourse of litigation to resolve your grievance against the management, you need to exhaust the internal grievance redressal mechanism, if any, to save both time and money. If your grievance deserves consideration, the management may likely settle it in-house. A show cause was issued for the commission of any misconduct by an employee that ended even with a minor punishment is considered a stigma in the service record of the employee and that can adversely affect the career of the employee in the long run, especially in case of promotion, upgradation which are the prerogatives of the management strictly followed on basis of an established promotion policy. Only in case of deviation/discrimination/mala fide in the selection process, if appears on the face of the record, the Administrative Tribunal/High Court may entertain an appeal challenging the selection process violating the well-established promotion policy. Otherwise, an appeal may be rejected at the stage of admission by the Tribunal/Court. Hence it is advisable before moving ahead with litigation, you need to represent your grievance before the Head of the Deptt. for a resolution failing which, being an employee of the State Govt. you can escalate your grievance before the concerned bench of SAT(State Administrative Tribunal). This forum has been established for adjudication of disputes concerning recruitment and conditions of service of persons appointed for public services. If the decision of the SAT goes against you, an appeal can be filed before the High Court challenging the order of the SAT. So, try to get the matter reviewed by an expert professional before challenging the promotion policy before the SAT. In case you need any legal assistance in the matter, you may contact our legal team with all the relevant papers.
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