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Employee Eligibility For Promotion And Ongoing Departmental Enquiry

By Author: Lahiri Associates
Total Articles: 10
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The employees under the government sectors are eligible for a promotion based on seniority. However, it could become little tricky when the employee has an ongoing departmental enquiry against them. There have been instances where the deserving candidates were denied a promotion for the given cases. Here we are going to focus on the situation. Also, what is the law’s stance on the given situation would also be discussed.
According to Jayanta Kumar Lahiri, an experienced Lawyer in central administrative tribunal, states that denying promotion to such an employee could be harsh an unnecessary. Such behaviour could be considered as hidden punishment even before the employee has been proven guilty. It is a direct violation to the Article 16 of the Indian Constitution. There have been numerous cases where the court has given a verdict in favour of the employees.
What is the difference between departmental and disciplinary proceeding:
Departmental proceedings start with serving an official charge memo to the accused employee. In this memo, the office demands an explanation form the employees. They would generally forward a memo to the employee in the questionnaire format. In a disciplinary proceeding, an official charge sheet is filed against the employee in question.
The Supreme Court has held up a verdict limiting the departmental enquiries to 6 months timeframe. The department of the said employee cannot prolong the enquiry beyond the given time. The court further stated that the enquiry against the delinquent employee after serving the memo would be considered null and void even if the enquiry is ongoing.
Keeping the enquiry running for a prolonged period harms the morale and dignity of the employee. The delay in finalising the departmental enquiry could quash the claims of departmental proceedings by the judicial court.
The verdict:
According to experts, if the candidate is eligible for the promotion then they deserve the promotion and the benefits associated with it. In case, proven guilty the department could definitely strip the employee of the promotion and the benefits associated with it. In addition to it, they could be served a legal notice and a criminal case could be launched against them.
In cases, employer must not ignore the basic rights of the employees and provide the benefits associated with the job. This includes things like salary, allowances associated with the job description and other benefits associated with the job. Failing to do so, is a gross neglect of the rights of the employees and could be considered as favouritism to preferable employees.
Conclusion:
For people who have been denied promotion, while an ongoing enquiry was going on, they should stand up for their rights. Lawyers experienced in the given situations could help them in getting justice.

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