9911796707
TMI Blog2009 (1) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... e relates to a question of promotion and more particularly from which year, the promotion will be given effect to. 2. The Departmental Promotion Committee (hereinafter referred to as the 'DPC') for the year 1998, while considering the promotion of the first respondent, because of the pendency of the disciplinary proceedings, kept the proceedings in a sealed cover, which had earlier reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst respondent approached the Central Administrative Tribunal by filing Original Application No.570 of 2007. The Tribunal by observing that censure is not a punishment, allowed the Original Application of the first respondent and directed that the promotion should be given effect to from the date on which his juniors had been promoted. A Review Application was filed, which was also dismissed. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 1991 SC 2010 (Union of India vs. K.V.Jankiraman) and in such earlier decision, only the Office Memorandum of 1982 had been referred to and the subsequent instruction issued by the C AG Circular dated 30.8.1990 had not been considered. 5. We have heard Mr.Priya Kumar, learned Additional Counsel for Central Government for the petitioners and Mr.R.Malaichamy, learned counsel appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DPC in the normal course and having regard to the penalty imposed on him. 7. A perusal of the above procedure clearly indicates that if on the completion of the disciplinary proceedings, a punishment is imposed, the findings of the sealed cover procedure shall not be acted upon and his case for promotion is to be considered by the next DPC in the normal course and having regard to the punishm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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