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, without cumulative effect is imposed upon me on March 2017. NHPC policy regarding effect of penalty on promotion stands as under, Clause 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. Clause 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. Further Clarification sought by the department is as under: 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 as I can only understand that the currency of punishment (Reduction to a lower stage in time scale of pay for a period of two years ) is for two years from March 2017 which according to me ends on March 2019 and my eligibility for promotion should be March 2017. But I had been denied for promotion on March 2017 & March 2018. Now, I want to know that if I am promoted on March 2019 is it possible under law to get promotion with retrospective effect i.e. from March 2017 or not. If I am not promoted with retrospective effect the the Minor penalty imposed upon me tantamount t to a major penalty. Sir presently I am posted in Sikkim so in which Court I have to file my Petition.
Firstly, you can’t be promoted before March 2019.
Secondly, though these two years will be added in your work experience for promotion, but not from retrospective effects.
Rest you can consult me through Kanoon for detail information including case laws.
You shall be eligible for promotion from 2019 but there should be retrospective promotion it shall be deemed on date you should be promoted but since you are under penalty and rule specifies that both will run simultaneously so company won't give it retrospectively, it should be challanged before high court if your are not being promoted retrospectivly.
Under rule 36 of CDA rules the appeal lies for penalty to CMD of said company. Now since that period is expired high court shall provide you appropriate remedy.
Rule 36.1- An appeal shall be preferred within one month from the date of communication
of the order appealed against. The appeal shall be presented to the Authority
specified in the schedule to whom the appeal lies, a copy being forwarded
by the appelant to the Authority which made the order appealed against. The
latter Authority, on receipt of the copy of the appeal, shall forward the same
together with its comments and the records of the case to the Appellate
Authority within 15 days without waiting for any direction from the Appellate
Authority. The Appellate Authority shall consider whether the findings are
justified or whether the penalty is excessive or inadequate and pass
appropriate orders within three months of the date of appeal. The Appellate
Authority may pass order confirming, enhancing, reducing or setting aside
the penalty or remitting the case to the Authority which imposed the penalty
or to any other Authority with such direction as it may deem fit in the
circumstances of the cas
If the law says that you will not be given promotion for two years then it shall be from the commission of offence for which you have been found guilty by the department concerned.
If you are posted in Sikkim then you can approach the Sikkim high court.
Your opinion reads as under, Firstly, you can’t be promoted before March 2019. Secondly, though these two years will be added in your work experience for promotion, but not from retrospective effects. In our corporation Promotion From the level of E2 to E5 is in time-bound manner only so, in normal course my promotion from E-2 to E-3 was due on 2016 and further from E-3 to E-4 on 2020.If due to effect of penalty my promotion from E-2 to E-3 takes effect on 2019 will I become eligible from E-3 to E-4 on 2020 according to your opinion as two years will be added in your work experience for promotion.
Your understanding is right.
Your promotion will be reckoned two years after the due date, incidentally your due date may fall from 2019.
The due date for you next promotion shall fall from 2019 as you were under penalty and departmental inquiry before the authority so accordingly there shall be next promotion.