intentional delay in promotion

Thanks for your reply. I have already submitted my prayer for promotion on 03-09-2012. According to the 50 point roster and gradation list, I have the top priority. But unfortunately, no action is taking place. Shall I submit R.T.I petition now? How shall I submit it as a citizen of India?

Yes my friend, you have to submit the application being a citizen of India

I am quoting Section 4 of the SC/ST POA Act 1989 “Punishment 4. Whoever, being a public servant but not being a member of a Scheduled for neglect Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed of duties by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year”.Delayed promotion is either intentional or a negligence of duty by the authority concerned. By delaying the promotion the authority is denying you the financial benefit which is an offence and attracts Article 21 of the Constitution of India.

D.I.G generally means Double Income Group. In the police department most of the the DIG’s who are not honest in discharge of their duties are known as the people from the category of Double Income Group. I do not know under which category your DIG falls. However, it was just a humour in uniform to make you comfortable. Your officer is doing much harm to you by not promoting you timely according to your eligibility. Because if the vacancies are kept unfilled, then it will gradually inflate the zone of consideration for the benefits of the candidates of SC/ST. In that case, the juniors to you in the job who belong to the said category will supersede you on the basis of 50 point roster of promotion. Perhaps, by doing so your appropriate authority is doing an act of mischief and is not honest in discharge of his duties. May be he wants to favour some one of his choice in your place . Now, there are two options for you. One is that every person whether he is DIG or IG has got his political father. So if you can approach the legitimate political father of your above DIG then you can get your work done quickly. The second option is that you go on continuous fighting and lose the mental peace and money and get harassed. SAT is for the people who can afford luxary. Matters linger for years together in SAT. As because the Justice delivery system at SAT depends upon the retired judges and bureaucrats who chair the benches, most of them do not have any moral courage to go against the Government or its instrumentalities. The next course of action for you or the government is to come to High Court which is again very expensive for our government employee of your rank to bear the legal expenses . Moreover, even after so many hassles there is no guarantee that you will be granted promotion. Service law says that you have a right to be considered for promotion but you cannot claim promotion. This is the stupid position of the service law of our country. As far as the question of submitting an application under the RTI act 2005 is concerned , I would say that an application under the RTI Act 2005 is not taken kindly by the bosses of the government departments. The dolt types of bosses consider it as a challenge to them by their junior employees and try to harass them by any means or by submitting in adequate information. In West Bengal the Chief Information Commissioners are loyal so much to the government that they will either not take your case for hearing or even if they take there would be passing meaningless orders which will be of no use . I have my self seen the defendants exchanging pleasantries with them in the hearing room before the matter is heard. However fight against evil forces is a continuous process to clean the society and so I would advise you to use your legal right as a citizen of India rather than to surrender. You can file an RTI application under section 6 of the RTI Act seeking information about the total number of the vacancies existing in the rank in which you are expected to be promoted, the dates on which the vacancies existed, your position in the gradation list and the steps taken by the administration to fill up the existing vacancies by way of promotion. You can also seek the information about the administrative reasons under section 4 (1) (d) RTI Act 2005 the cause of delay in considering your case for the promotion as you are an affected person. Be courteous to the SPIO of your Department and also do not use any harsh language or intemperate word in seeking the information. It is not necessary that you have to submit the application only in English. You can also submit your application in Bengali where you can express yourself more specifically and comfortably. You can simultaneously also make a representation to the competent authority of your Department stating therein that if the vacancies were not filled immediately then it will inflate the zone of consideration causing you loss in your gradation which may cause pecuniary losses in future. You can also demand that when ever the promotion is granted to you, it should be granted notionally from the date of occurrence of the vacancy so that you are not loser in the matter of your pay and other allowances. I believe it will act. And yes, even if you go on maternity leave the position of your gradation is not affected so there is no question of not granting the promotion on the plea that you were on maternity leave on the material date of promotion.