• Promotion in case of pending case

Sir I am working in education department at Uttarakhand.i have to get promotion this year. In 2014 election of panchayat I worked as polling officer first in counting of votes. My head of team wrongly introduced the judgement (he had shown the winning candidate looser) we have been called by our R. O. On the very next day and we have an application to improve this. After three years I came to know that the court had asked to our offices to take the decision. I went against it in the court. The case is still pending. Can my promotion be stopped.
Asked 4 years ago in Civil Law

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9 Answers

Hello,

Any kind of Departmental proceeding can stop your pronotion till the investigation is complete.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

See if the department intimate a inquiry proceedings against you then till outcome of inquiry, promotion can be withheld and it will be further given based on outcome of the enquiry.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

promotion can be denied only when charge sheet or criminal case has been filed against you in court of law

2) as on date there is no pending case . hence your promotion can be considered by authorities

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) Its totally depends upon your head of the department. Who is will be taking decision according management meeting concern of each members. So try to find out in your HOD whether this pending case will be problem in the promotion.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

There are number of cases that promotion can not be withheld simply because a departmental enquiry is pending or court decision is there against. There must be a direction specifically by the court to stop your promotion. You can approach Service Tribunal/High Court if your promotion is with held.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If this is a criminal case and if the department considers that this may impact your general conduct if being promoted, the department may withhold your promotion for the reasons of pendency of criminal case.

You may go through the promotion rules/police your department in this regard and make a representation to the concerned authorities if your promotion has been held without notifying you.,

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Pending inquiry, promotion can not be withheld, same reiterated by courts.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

You promotion can not be stopped if the case is pending and no action or order has been passed against you till date.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. The promotion will be affected definitely;

2. Till the outcome of the court you will have to wait;

3. If your department files proceedings against you, it would hamper your growth even further.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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