Sir, I was contemplated for CCS/CCA conduct rules case due to negligence in duty. The case was started in 2004 but I was served Charge sheet a day before my promotion in Oct-2007 with sheer intention not to give me promotion. Thereafter they remain silent for 2 years and started inquiry in 2009 which was completed in 2011. The case was referred to DG (vig.)for first stage advise after issuance of charge sheet and for second stage advise they spend one year. Recently I was issued final order of minor penalty but during these seven years number of candidates junior to me were promoted.

My question is- "Is there any provision that my seniority is reinstitate"

I was a Government Servant for 33 years and this type of questions had come up before me. I do not remember the source, but there is rule. When a Government Servant's promotion becomes due and if at that time he had been chargesheeted for any misconduct, his promotion should be considered ignoring the misconduct and if he qualifies for promotion the findings should be preserved in a sealed cover. In due course when the inquiry is completed, the findings are recorded and punishment, if any, had been prescribed, the sealed cover should be opened and a decision should be taken based on the recommendations in the sealed cover, the findings of the inquiry and punishment, if any, awarded.