Can a "Censured" class I central government officer be denied the promotion having "sealed envelope" since 2009?

[harinder dhingra]

Dear Experts, I wish to know about a very hardworking honest class A officer hailing from weaker section in Customs department who was implicated in a case by powers that were, in 2005 ( without original documents) and inquiry was ordered and conducted as per service conduct rules & procedures. The inquiry held him " NOT GUILTY" on account of "merits of the case & also the case is without original documents and hence recommends closure of the case". On the basis of the same all non gazetted officers were exonerated in 2007 itself. In the case of said class A officer, the file went up to Hon'ble Minister of Finance who ordered "Censure" of the said officer in 2009 but UPSC did not approve it because of non-availability of original documents. And after representation and vigorous follow up by Officer concerned the Hon'ble P M ( Acting as FM) is pleased to "Censure" the officer without looking at the file. My question is: will the officer get the promotion cleared in 2009 (and kept in sealed envelope) after getting the "Censure", affect his promotion? Kindly give advice with relevant Section or authority/judgment of the Court of law so as to know and plan the future line of action. thanking you harinder dhingra

[RAVEENA_O]

Sponsorer

To which grade he is likely to be posted? SG or SAG or HAG?

CENSURE is a punishment, but not a bar on promotion. However, He can get promotion only if the punishment is imposed within the assessment period, else he will be considered for next selection process.

[taurus]

No one can be promoted during the currency of penalty. Censure is one of the penalties mentioned in the CCS(CCA)Rules. Therefore during the currency of the penalty he cannot be promoted. The period of currency of the penalty 'censure' is one day i.e. the day on which it is imposed. But if the case is one of those which are kept is sealed cover then, the position is different. If some one is considered for promotion during the pendency of disciplinary proceedings against him, the recommendations of the DPC in respect of him will be kept in sealed cover. On completion of the disciplinary proceedings, if a penalty is imposed the sealed cover will not be opened. His case will be considered by the next DPC. In the given case since a penalty of 'censure' has been imposed the recommendations in the sealed cover will not be acted upon.

[harinder dhingra]

Thanks Raveena O,

He is Deputy Commissioner at present and is to be promoted as additional commissioner as officers junior to him are promoted to Additional Commissioner post.

My question is : If the UPSC does not accept the "Censure" in the absence of original documents, then can the FM decision shall be final?
b) Why should this officer be penalized when all others were let off because the inquiry officer did not find any merit as well as the need of inquiry in the absence of original documents;
c) This officer has 10 months to go for retirement but appeal or court case/CAT case may take more than that 10 months which could not be an option for him then what is the best option for him???

harinder dhingra

[ambrish.p]

Dear Sir

Please also refer:https://www.brbnmpl.co.in/upload/Fil..._Vigilance.pdf

regards