Promotion to be given retrospectively
My promotion to Executive cadre in the year 2001, was kept in sealed cover due to an enquiry pending against me. I was finally awarded a penalty of Censure. The sealed cover was kept unopened unlawfully even after expiry of the disciplinary proceedings. As per order of CIC on 27th Dec 2016, sealed cover was opened. I was found suitable in the said DPC of year 2001. CCS(CCA) Rule 1965, Part V Penalties and Disciplinary authorities, 11 Penalties, (7A)(iii) reads as under:
Where the departmental proceedings have ended with the imposition of a minor penalty, viz, censure, recovery of pecuniary loss to the Government, withholding of increments of pay and withholding of promotion, the recommendation of the DPC in favour of the employee, kept in the sealed cover, will not be given effect to. But the case of the employee concerned for promotion/confirmation may be considered by the next DPC when it meets after the conclusion of the departmental proceedings. If the findings of the DPC are in favour of the employee, he may be promoted in his turn if the penalty is that of “censure” or “recovery of pecuniary loss caused to the Government by negligence or breach of orders”.
As such I should have given the promotion in next DPC of 2002 retrospectively. However my department is not considering my case.
What should be my future course of action?