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Monday, December 28, 2009

Promotion can't be stalled unless criminal charges framed: CAT

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The Central Administrative Tribunal (CAT) has held that the promotion of a government employee cannot be stalled if no charges are framed against him in a criminal case by a court.

"Promotion of an employee cannot be stalled by putting his (petitioner) case in a sealed cover unless, if the employee...is facing a criminal case, charge has been framed by the concerned criminal court," the Tribunal headed by Chairman Justice V K Bali said.

The Tribunal passed the order on a plea by Delhi-resident R P Singh, seeking to quash the order of the state government restraining him from getting the benefit of Assured Career Progression (ACP) scheme to financially upgrade the careers of an employee after an interval of 12 and 24 years respectively.

"Singh was entitled to ACP benefit in 1990 and 2002 respectively. Registration of an FIR years and years after would not authorise the government to put his case under sealed cover," the CAT said while setting aside the order.

The Tribunal held that if Singh, working with the Social Welfare Department, would have been granted the benefit he was entitled to, registration of the case would not have resulted into withdrawing the same.

"The government is directed to make available to the petitioner both first and second financial upgradations under ACP scheme," the Tribunal said, adding that ACP is granted on same parameters on which promotion is granted.



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