Dear Shri Amitabh,,
Good advice.
Congratulations
Sam Paul
| Friends,
Another news to share with all my dear friends. Today in an important order the Hon'ble CAT, Lucknow Bench directed the State Government to decide my promotion matter within two weeks. While this might be important for me personally, what is much more important is that the Hon'ble CAT called promotion a basic Civil Right. It also expressed its grave concern over the manner in which many a tomes the Central and the State governments go on denying promotion to some of their employees without any reason. Again, Hon'ble CAT said that the Central and the State governments shall try to act as Model Employers for others to emulate. These indeed are important words, coming from the Highest Service Tribunal of the Nation.
The brief facts of the case as presented by me in the Hon'ble CAT were that a Departmental Enquiry was initiated against me on 27 October 2004 regarding my tenure as SP Deoria. This was closed on 22 May 2007 and was reopened on 22 May 2009. I had then filed a case No 177/2010 in CAT, Lucknow bench where I had alleged that reopening of the already closed departmental enquiry was against Rule 24(1) of the AIS (Discipline and Appeal) Rules. Hon'ble CAT had agreed to my pleadings and it had quashed the reopening of the enquiry through its order dated 08 September 2011.
The State government had not complied with this order and had challenged this in the Hon'ble Allahabad High Court through Writ Petition No 2078/2011. The Hon'ble High Court had dismissed this Writ Petition on 20 March 2012.
Based on all these facts, Hon'ble CAT ordered today in case No 436/2011 that since there is no disciplinary enquiry pending against me, hence my case for promotion shall be decided within 2 weeks.
I find it pertinent to present this case before you not only to present the view of the Hon'ble CAT on this matter but also to request you that we all need to pursue our individual cases diligently and rigorously, through all the available provisions of law. This possibly needs to be done to a much larger extent.
Amitabh Thakur |
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