The Judgements which must be read by every disciplinary and appellate authority are now available on this blog

The judgements which must be read by  every  disciplinary and appellate authority are given below.

1) Natural  justice :

                 State bank of  patiala v/s S.k.Sharma

2)  Criminal proceedings & Disciplinary Proceedings :

                State bank of Rajasthan v/s  B.K.Meena

3)  Disciplinary & appellate authority are fact finding authorities :

              Apparel Export Promotion Council v/s A.K. Chopra

4)  Scope of interference by High courts/ Tribunals :

             B.C. Chaturvedi v/s Union of India

5)  Sexual harrassment at work place :

            Vishakha and others v/s State of Rajasthan

6)  Sexual harrassment- procedure for imposing penalty :

            Sandeep khurana v/s Delhi Transco Ltd.

All the abov mentioned judgements are available on this blog.The cocerned officers may download and study them. This will enable them to handle the departmental proceedings effectively and that the orders passed by them will stand to the scrutiny of the courts and tribunals.

Policy To be Followed In Case Where Presons Refuse Promotion To a Higher Grade- Clarification

No.22034/3/81-Estt(D)
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Department of Personnel & Administrative Reforms

New Delhi, the 1st Oct, 1981.

OFFICE MEMORANDUM

Subject : Policy to be followed in case where persons refuse promotion to a higher grade.

The undersigned is directed to invite the attention of the Ministries/Departments to the provisions contained in this Department's O.M. No.1/3/69-Estt.(D) dt. 22.11.75 on the above subject and to say that this issue was discussed in the meeting of the National Council. It was observed that in many cases persons refuse promotion purely to gain monetary benefit specially in cases where the increment of the officer is due in the lower grade shortly. This it was felt causes considerable hardship to many Govt. employees due to the chain reaction fo postponing of the promotion of officers down the line and awaiting promotion. In order to discourage such refusal of promotion, the Government issued orders laying down that those officers who refuse promotion should not be issued any fresh offer of promotion for a period of six months from the date of such refusal.

2. Govt. have recently taken a decision to further liberalise the formula of fixation of pay, in order to avoid anomalies in the matter of fixation of pay. These orders are being separately issued.

3. In view of the fact that Government have decided to further liberalise the procedure of fixation pay of officers, and also to reduce cases of refusal of promotion to the barest minimum which adversely affects of the promotion prospects of officers working down the line, it has now been decided to modify the provisions contained in this Deptt's O.M. No.1/3/69-Estt.(D) dated 22.11.75 mentioned in para 1 above, to the effect that from the date of issue of this order, refusal of promotion by an officer should entail that no fresh offer of promotion would be issued to him for a period of one year, instead of six months as provided for in the earlier instructions.

4. It is further clarified that in cases where the reasons adduced by the officer for this refusal of promotion are not acceptable to the appointing authority, then he should enforce the promotion on the officer and in case the  officer still refuses to be promoted, then even disciplinary action can be taken against him for refusing to obey his orders.

5. These instructions take effect from the date of issue of this letter.

6. In so far as the officers working in the Indian Audit and Accounts Deptt., these orders are being issued with the concurrence of the Comptroller and Auditor General of India.

7. Ministry of Finance etc. are therefore, requested to bring the above decisions to the notice of all officers working under them for their information and compliance.

sd/-
(J.K.SARMA)
DIRECTOR