intentional delay in promotion
December 27, 2012 at 4:10 pm #68332
I am a L.D.Clerk of D.I.G range office and have been confirmed in my service w.e.f 02-09-2012 after completion of three years’ service. There are vacancies in the rank of U.D.Clerk. The file of my promotion was in process but it has been stopped abruptly due to ill-intention of P.A. though I have been declared eligible in the note of H.A & D.A. according to P.R.B & latest governmemt orders etc. I have informed it to the concerned D.I.G verbally .but no action is taking place. What should I do? Can I take shelter of Hon’ble S.A.T? Can I want to know the reason of stopping the process of the file by using R.T.I act?December 28, 2012 at 2:59 am #76188
First of all I like to welcome you in this forum family. I am also from your department.
On your query I like to ask you to apply for the promotion in writing and have a received copy of the application. Wait for 15days then submit an application under Right to Information Act 2005.
The RTI Application should not be an official application and addressed to the SPIO of your office. Being a citizen of India you may ask the cause of delay of the promotion, when the promotion will be done, who are the eligible candidates for the post as per gradation list as well as promotional roster which will be followed during the promotion process.
I think this much will help you much to get proper justice.
Ghee soja angule na uthle angul to bekate i hoyDecember 28, 2012 at 6:00 pm #76197
Thanks for your reply. I have already submitted my prayer for promotion on 03-09-2012. According to the 50 point roster and gradation list, I have the top priority. But unfortunately, no action is taking place. Shall I submit R.T.I petition now? How shall I submit it as a citizen of India?December 28, 2012 at 6:06 pm #76198
This may be helpful: https://wbxpress.com/application-procedures-for-rti/December 28, 2012 at 8:05 pm #76200
Yes my friend, you have to submit the application being a citizen of IndiaDecember 31, 2012 at 3:23 pm #76217
I agree with Tanmoy Babu. However, would you like to tell whether you belong to SC/ST? If you belong to SC or ST then there is very stringent punishment for the non-SC/ST boss for depriving you from the timely promotion. Please read Section 3 of the Prevention of Atrocities (POA)on SC &ST Act 1989.If the boss is a non SC/ST person then he is also liable to be prosecuted under Section 4 of the POA Act 1989. Please let me know the detail and I would guide you. A lady Inspectress belonging to SC in Kolkata Police is getting promotion to the rank of ACP in a similar case. I would advice the Government employees to go to SAT as a last resort. If you go to SAT, all your superiors would tell that the matter is sub-judice and you will not get any justice from any corner. So hammer the right joint and you would get justice from the right corner.If the law is in your favour then use it. Pleae remember that POA is non-bailable and there is no provision of anticipatory bail under this law.December 31, 2012 at 4:02 pm #76220
I am quoting Section 4 of the SC/ST POA Act 1989 “Punishment 4. Whoever, being a public servant but not being a member of a Scheduled for neglect Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed of duties by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year”.Delayed promotion is either intentional or a negligence of duty by the authority concerned. By delaying the promotion the authority is denying you the financial benefit which is an offence and attracts Article 21 of the Constitution of India.January 2, 2013 at 9:39 am #76236
Thanks for all your replies. I do not belong to the Scheduled category. I have asked the authority about this verbally. According to the authority, when he will wish,he will give promotion but did not mention the time. I am pregnant and about to take the maternity leave. If I do not get promotion now,can the promotion be given within leave? Can R.T.I petition have any reverse effect or action on me and on my future? Please guide me.January 2, 2013 at 3:23 pm #76239
D.I.G generally means Double Income Group. In the police department most of the the DIG’s who are not honest in discharge of their duties are known as the people from the category of Double Income Group. I do not know under which category your DIG falls. However, it was just a humour in uniform to make you comfortable. Your officer is doing much harm to you by not promoting you timely according to your eligibility. Because if the vacancies are kept unfilled, then it will gradually inflate the zone of consideration for the benefits of the candidates of SC/ST. In that case, the juniors to you in the job who belong to the said category will supersede you on the basis of 50 point roster of promotion. Perhaps, by doing so your appropriate authority is doing an act of mischief and is not honest in discharge of his duties. May be he wants to favour some one of his choice in your place . Now, there are two options for you. One is that every person whether he is DIG or IG has got his political father. So if you can approach the legitimate political father of your above DIG then you can get your work done quickly. The second option is that you go on continuous fighting and lose the mental peace and money and get harassed. SAT is for the people who can afford luxary. Matters linger for years together in SAT. As because the Justice delivery system at SAT depends upon the retired judges and bureaucrats who chair the benches, most of them do not have any moral courage to go against the Government or its instrumentalities. The next course of action for you or the government is to come to High Court which is again very expensive for our government employee of your rank to bear the legal expenses . Moreover, even after so many hassles there is no guarantee that you will be granted promotion. Service law says that you have a right to be considered for promotion but you cannot claim promotion. This is the stupid position of the service law of our country. As far as the question of submitting an application under the RTI act 2005 is concerned , I would say that an application under the RTI Act 2005 is not taken kindly by the bosses of the government departments. The dolt types of bosses consider it as a challenge to them by their junior employees and try to harass them by any means or by submitting in adequate information. In West Bengal the Chief Information Commissioners are loyal so much to the government that they will either not take your case for hearing or even if they take there would be passing meaningless orders which will be of no use . I have my self seen the defendants exchanging pleasantries with them in the hearing room before the matter is heard. However fight against evil forces is a continuous process to clean the society and so I would advise you to use your legal right as a citizen of India rather than to surrender. You can file an RTI application under section 6 of the RTI Act seeking information about the total number of the vacancies existing in the rank in which you are expected to be promoted, the dates on which the vacancies existed, your position in the gradation list and the steps taken by the administration to fill up the existing vacancies by way of promotion. You can also seek the information about the administrative reasons under section 4 (1) (d) RTI Act 2005 the cause of delay in considering your case for the promotion as you are an affected person. Be courteous to the SPIO of your Department and also do not use any harsh language or intemperate word in seeking the information. It is not necessary that you have to submit the application only in English. You can also submit your application in Bengali where you can express yourself more specifically and comfortably. You can simultaneously also make a representation to the competent authority of your Department stating therein that if the vacancies were not filled immediately then it will inflate the zone of consideration causing you loss in your gradation which may cause pecuniary losses in future. You can also demand that when ever the promotion is granted to you, it should be granted notionally from the date of occurrence of the vacancy so that you are not loser in the matter of your pay and other allowances. I believe it will act. And yes, even if you go on maternity leave the position of your gradation is not affected so there is no question of not granting the promotion on the plea that you were on maternity leave on the material date of promotion.
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