• Promotion under sealed cover

Sir, I am working as Inspector(Examiner) in Chennai Custom House, I need your valuable opinion on promotion issue. I have been promoted from Tax Assistant to Inspector(Examiner) on 31.03.2010. on 12.05.2012 the CBI arrested me and booked a case and the trail was on till 31.08.2016. In the meantime, Department has issued a Charge Sheet on 4.3.2013 based on the allegations of CBI and the department has passed an Order dated 20.06.2016 imposing major penalty reducing my pay by two increments without cumulative effect and without affecting my pension benefits. (I order that the pay of Ms. K. Thenmozhi, Inspector (Examiner) be reduced by 2 stages from Rs.14,400/-+Rs.4,600/-(GP) in the scale of Pay of Rs. 9,300/- - Rs.34,800/- + Rs.4,600/-(GP) for a period of six months with effect from 1.6.2016 and that she will not earn increment of pay during the period reduction and that the reduction will not adversely affect her pension.) In the meanwhile, the Department has conducted review DPC for the post of Inspector (Examiner) and my juniors are given effect from 15.10.2014 and my name was kept under sealed cover. On 31.08.2016, the CBI court has passed an order relinquishing me from all charges. However, In the recent promotion orders from Sr. Tax Assistant to Inspector(Examiner) I have been promoted w.e.f. 1.4.2017 instead of 15.10.2014 at par with my immediate junior. 
	Please advice me, whether I am eligible for promotion w.e.f 15.10.2014 or not. If I go to legal forum, shall I get remedy in my favour.
Asked 7 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

2 Answers

1) you are eligible for promotion w.e.f 15/10/2014

2) DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11th November 2010

provides interalia

3. On the conclusion of the disciplinary case/criminal prosecution which

results in dropping of allegations against the Government servant, the sealed cover

or covers shall be opened. In case the Government servant is completely exonerated

the due date of his promotion will be determined with reference to the position

assigned to him in the findings kept in the sealed cover/covers and with reference to

the date of promotion of his next junior on the basis of such position. The

Government servant may be promoted, if necessary, by reverting the junior most

officiating person. He may be promoted notionally with reference to the date of

promotion of his junior

3) in your case junior is promoted with effect from oct 2014 .you are entitled to be promoted we.f from said date only

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

There are two kinds of disposal of the case, one is dismissal and another kind is acquittal.

If the case against you was dismissed then you have reasons to claim all the rights that were denied to you during the trial period.

If you were acquitted, it means that the charges were not proved beyond reasonable doubt.

In the latter event you may not be eligible for the privileges that were deprived to you.

First confirm this.

You may discuss the matter with a local advocate dealing with service matters and can proceed as per his suggestion to represent your case to the top management for restoring your suspended benefits and disparity in promotion.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer