Promotion is denied even after quashing punishment order by the tribunal. The logic of the department is that I will be considered for promotion when the next DPC will be constituted. A specific order is passed by the department in this respect. It means I will be considered for promotion in the next dpc when another batch of officers will be promoted. When the previous departmental promotion committee was formed, a departmental enquiry was pending against me. That enquiry was pending from 1999 and dpc was formed in 2014. The order of the tribunal passed in 2023. Punishment order has been quashed by the tribunal on the basis that I was not involved in the alleged offence and also no opportunity of being heard was provided to me. In this circumstances it is very painful for me to wait for a promotion for an indefinite period.
Asked from: Uttar Pradesh
Your promotion was rejected by the Departmental Promotion Committee (DPC) because a departmental enquiry was pending against you. In such a situation, your promotion order should have been kept in a sealed cover by adopting sealed cover procedure. This is a valid procedure when promotion is being considered for an officer facing disciplinary proceedings. However, it is not clear from your question whether the DPC had actually placed your promotion order in a sealed cover.
The quashing of the punishment itself grants the employee the right to be promoted from the date when their juniors were promoted. This principle applies to your case. The department’s decision to wait until the next DPC is convened is patently erroneous.
Given these circumstances, you should challenge the department’s order by filing a claim petition before the services tribunal. In G. Muthuraj v. State of Tamil Nadu, (2013) 11 SCC 648, the Supreme Court held:
Therefore, once the order of punishment was quashed by the learned Single Judge, the appellant automatically became entitled to be considered for promotion with effect from the date persons junior to him were promoted to the post of Executive Engineer.
Based on this judgment, you are entitled to be promoted from the date the DPC issued promotion orders in 2014. Your promotion was denied on the ground of a pending departmental enquiry. However, once the punishment order was quashed and you were exonerated by the tribunal, you became automatically entitled to promotion from the date your juniors were promoted.
You should file another claim petition seeking the quashing of the department’s order and requesting promotion effective from 2014. The decision of the department thereby your promotion is denied even after quashing punishment order will be set aside by the tribunal.
Also read: Second ACP is not granted because an enquiry is pending