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Because Of Two Small Punishment Got Promotion With 14 Years Junior Guy


20-Mar-2026 (In Armed Forces Tribunal Law)
I was recruited in year 1994 as ct/gd in cisf. In year 2017 i got two small punishment one was found using mobile on duty and 2 was found sleeping on duty due to this two promotion i got promotion to head constable in year 2023 with those guys who joined as constable in year, 2007. And as per my seniority i would have got promotion at 2019. Now comes the game changer here. Earlier there was no such rules in cisf that if two punishment in same year promotion will not be done till 5 years this rule came in 2017/2018 only.. Let me ask a question if i did a mistake made a mistake so i already repaid it through becoming head constable late by 4 years but is it legal and ok that due to those punishment i will suffer in each rank. Now as of now 1997 recruited constables have been given asi rank i am still head constable any thing which i can do?
Answers (5)

Answer #1
725 votes
Yes you can assail the promotion order of yours if the New rule came after punishment was given to you. Also rules can not be made applicable retrospectively unless specified by any judicial order. Documents need to be perused for better understanding. Feel free to connect Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #2
959 votes
Your case have strong legal point that you mentioned, whereas the rule came in 2017/2018 and the punishment were awarded prior to coming that rule and those punishment can not be covered with that rule as ex post facto application of detrimental laws/rules is not permissible and barred by the constitutional provision. And it it a good case of double jeopardy.
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Advocate Avinash Gaur

Adv. Avinash Gaur

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Answer #3
771 votes
Hi, You can surely file service writ as both the punishments were for not so serious ones. Especially if the rules came after the two acts then there is a high chance of success. We can discuss in detail over a call.
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Advocate Vishali Verma

Adv. Vishali Verma

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Answer #4
818 votes
Consequently repeated punishments cannot be given to you if that is what you wish to ask. It is completely arbitrary on part of the organisation to award you repeated punitive measures once the punitive measure has already been awarded to you. The same can be very well challenged.
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Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

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Answer #5
942 votes
Yes, you are essentially facing a situation where two minor penalties are affecting your career progression. Before going to court you must give a representation in this regard to the department. Thereafter, a writ petition under Article 226 can be lie.
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Advocate Abhimanyu Yadav

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