• Disciplinary proceedings censure

I am an Telangana Employee. My higher authorities issued disciplinary proceedings CENSURE in the year 2011 for my unauthorized absence. I have rejoined the duty in 2009. Due to delay in departmental procedure ( conducting enquiry etc., ) they have taken three years to impose punishment & issued proceedings in 2011. Due to which I have loss my promotion in panel year 2009-10, 2010-11 & 2011-12. & got promotion in panel 2013-14. So my Question is that CENSURE can be consider from my date of rejoining so that I can get promotion in panel 2010-11instead of panel 2013-14
Asked 5 years ago in Labour

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10 Answers

hello

censure entries are given after a person is found to be guilty of some act done in the discharge of duties. the year in which the entry is given n is relevant. you were given the entry in 2011. you should have challenged it in the state public services tribunal. these issues should be challenged in the tribunal and you would get the promotion.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

You can challenge such censure order in High Court or Service Tribunal. Normally it will be effective from the date of such order unless there is specific mention about its retrospective effect. You can claim promotion and also arrears of increments and consequent monitory benefits as there was delayed departmental enquiry and you have been promoted only recently.

Dear Sir,

You can challenge such censure order in High Court or Service Tribunal. Normally it will be effective from the date of such order unless there is specific mention about its retrospective effect. You can claim promotion and also arrears of increments and consequent monitory benefits as there was delayed departmental enquiry and you have been promoted only recently.

Dear Sir,

You can challenge such censure order in High Court or Service Tribunal. Normally it will be effective from the date of such order unless there is specific mention about its retrospective effect. You can claim promotion and also arrears of increments and consequent monitory benefits as there was delayed departmental enquiry and you have been promoted only recently.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Sir, kindly note that if you have been reinstated after the enquiry got over, you are eligible and entitle to the promotion lapsed in those 3 year period of enquiry. But as an abundant caution I wish to inform that recently the hon'ble supreme court passed the judgment in which it was held that workmen is not entitled to get back wages if reinstated up on enquiry and closure of it. In anyannet,.As.your case Is of promotion you can file a writ in the hc for.the same.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

hello

a censure entry is awarded to an employee when he allegedly does something that is against the interests of the department and it is not too big. so a censure entry is awarded. a minor scolding you may say. although its effects can be far-reaching. the SC has stated that even a single entry may be the cause of compulsory retirement if necessary.

approach a state public services tribunal.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Citation

Jawahar Santhakumar

vs

State Of Tamil Nadu on 19 March, 2010

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

An order of “Censure” is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to a “censure”

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

The censure entry do effect your promotion.

Approaching the court against a particular order shall not effect your service.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hi,

The complete facts of the case are not available here because you have not mentioned as to why you were absent, what is your exact Department and why they have taken 03 years for censor. However, it is suggested that before approaching court or Tribunal, exhaust all the remedies available to you.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

It cannot be said that the punishment will begin from the date of rejoining.

You know the fact that no promotion can be considered during the pendency of departmental inquiry.

Was there any sealed cover procedure followed for considering your promotion in the year due for promotion.

Did you make any written representation to the competent authority in this regard and did you get any reply?

Did you verify the promotion rules of your department especially under the given situation?

You may clarify the details and revert for more proper opinion.

T Kalaiselvan
Advocate, Vellore
85100 Answers
2213 Consultations

5.0 on 5.0

Literally censure means: strong or vehement expression of disapproval: especially in a formal statement.

It is - a judgment involving condemnation.

After exhausting the remedies in the department you may approach CAT for relief and remedy.

T Kalaiselvan
Advocate, Vellore
85100 Answers
2213 Consultations

5.0 on 5.0

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