if superior authority revoke the penalty imposed upon you then you would be considered for promotion
2) your seniority would remain un affected
Appealing minor penalty censure on promotion time
I am working telangana state government employee unfortunately got minor penalty censure under ap cca rules 1991. For that penalty imposed by me iam not aligible for promotion for one year. In this case other then me they are doing to promote my juniors with d.p.c. if superior authority revoke/cancel my censure. what is my status on seniority and post if already given to my juniors?, They will give promotion same time mentioned or not?
Asked 8 years ago in Constitutional Law
9 Answers
Dear brother,
1. I am also from Telangana State, Vikarabad and settled in Bengaluru. You can visit my office.
2. If your the superior authrity revoke the censure, you will get all the benefits with retrospective effect
3. Your name will appear in the seniority list with retrospective effect. If for any reason Superior Authority do not revoke censure, then please approach the Service Tribunal or HC.
Hello,
If the superior authority revokes your censure entry then you will get all the benefits.
You will get all the benefits as if there was never a censure entry, there will be no effect on your seniority.
If they do not revoke then challenge the order before the State Tribunal or HC and take part in the DPC.
Regards
I was appointed through PUblic service commission pored and working as Tech Assistant in Telangana Archaeology dept, Among all tech Asst my name is No 1 in the seniority list ,Unfortunatejy without my fault I was imposed minor penality censure,Now the Director is going to conduct department promotion committee for the post of Asst Directors which are filling with my junior Tech Assts. Due to Censure I am not eligible for the promotion in the cadre of Asst Director and I may get promotion after one year,In this scenario next four years there is vacant post in the cadre of Dyputy Director, who will eligible for that post. My self or others?
Asked 8 years ago
your juniors who are promoted prior to you would be eligible for selection to post of deputy director as they have been promoted prior to you
If the competent superior authority revokes your censure then you will be eligible for promotion as it will become void ab initio. You will then be eligible to all promotional benefits.
You may noted that if the censure entry is not removed and your juniors are promoted then they will become eligible for the post of Deputy Director.
Please consult a local lawyer and challenge the punishment order so that you get an interim order that you may participate in the DPC.
Regards
1. As advised earlier you have to speed up the process so that the censure is set aside'
2. If your service record are free of any remarks then you are entitled for post of Deputy Director.
3. Even otherwise you are entitled for the said post if your censure is set aside, subsequently, with all consequential service benefits, to take effect retrospectively.
The penalty imposed against you will adversely impact your promotion aspects.
The authority, if decide to revoke or cancel the punishment, then you will be placed in the original status for promotion and if any junior to you has been promoted, you may take up the matter with a representation through proper channel for relief and remedy
Due to Censure I am not eligible for the promotion in the cadre of Asst Director and I may get promotion after one year,In this scenario next four years there is vacant post in the cadre of Dyputy Director, who will eligible for that post. My self or others?
Whoever is the senior waiting in the list to that post in the qualifying designation shall be promoted accordingly.