1. Minor penalty in terms of NHPC conduct and discipline Rules i.e. Reduction to a lower stage in time scale of pay for a period of two years,whitout cumulative effect is imposed upon me vide office order dated 04/03/2017. 2. Know, I want to knowthat how this minor penalty will effect my promotion to the next higher grade which was due on April-2016 which was kept in sealed envelope by the DPC last year. 3. NHPC promotion policy stands as under, 19. EFFECT OF PENALTY ON PROMOTION 19.1 In case where any employee is awarded any minor penalty under the Conduct, Discipline & Appeal Rules, he shall be debarred for promotion for a period of one year. 19.2 In case where any employee is awarded major penalty under the Conduct, Discipline & Appeal Rules, he shall be debarred for promotion for a period of two years. Clarification: a) Wherever the promotion has been delayed from the eligibility date for a period of more than one year, in case of minor penalty and for more than 2 years in case of major penalty, due to disciplinary proceedings (for no fault of the executive concerned) the clause 19.1 & 19.2 as may be applicable, would run concurrently with the currency of the punishment. In case there is no currency of punishment e.g. Censure, the clause 19.1 would apply. b) If the employee completes his penalty before he becomes eligible for promotion, the debarring period as per Clause 19.1/19.2 as the case may be, would commence from the date, he becomes eligible for promotion. Sir Kindly help me understand the position and if i am eligible for promotion this year i.e.April 2017, and also legal help accordingly if denied for promotion this year also.
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1. The one year would be calculated from the date of punishment.
2. So if becomes eligible for promotion after one year from the date of punishment there is no hindrance to get promoted.
3. So in other words you are eligible for promotion in April, 2017.
You shall be debarred for promotion for period of one year as minor penalty has been imposed upon you on 4th march 2017
2) in your case Under clause 19.1 you cannot be considered for promotion for period of one year
3) since your promotion was due in April 2016 you can be considered for promotion in April 2017 as per clause 19.2
The minor penalty was awarded to you on 4.3.2017. Whereas you became due for promotion in the year 2016, hence the delay in promotion was not your fault, however the clause says from the due date of eligibility, hence from the due date of eligibility i.e., one year from April 2016 shall be till April 2017.
Thus under normal circumstances you should become eligible for promotion with effect from April 2017
Sir, according to you i am eligible for promotion from 2017 but i had not been promoted on 2017 and even on 2018.Will i get promotion on 2019 with retrospective effect or not? What should be my new course of action.
you can make discreet inquires as to why you have not been promoted
2)if you are denied promotion in 2018 consult a local layer and take legal proceedings as advised
It depends on the police or promotion rules whether to give promotion retrospectively or whether ante date promotion policy is available or not.
NHPC is a PSU, hence they may operate on their own law or may conform to general rules and regulations in this regard, however there is nothing forbidding you from making a representation for grant of retrospective effective date of promotion, let them reject citing relevant law or rules, you can decide about further course of legal action based on their reply.