- As per Supreme Court , when an employee is held guilty and penalized and is, therefore, not promoted at least till the date on which he is penalized, he could not be said to have been subjected to a further penalty on that account. Denial of promotion to the employee in such circumstances was not a penalty but a necessary consequence of his conduct.
- Further, in cases where, after completion of the disciplinary proceedings, an officer has been punished with minor penalties, he shall be given promotion from the date his immediate junior has been given promotion and his pay will be notionally fixed in the time scale of the higher grade with effect from that date.
- Further , in cases where an officer has been punished with minor punishment of “suspension” then the officer cannot get promotion with retrospective effect. In such cases, the date of promotion of the officer concerned will be postponed by the period for which he was actually under suspension.
- Since, your promotion was already effected by that punishment and you was degraded , then on the ground of qualifying the FAIIB and CAIIB your promotion & increment cannot be stopped .
- You can issue a legal notice and on refusal file a Writ Petition before the High Court.