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PROMOTION RELATED MATTER (CISF)


18-Jul-2026 (In Armed Forces Tribunal Law)
I was due for the promotion of a rank in 2019 but due to two minor punishment 1 slangness & 2 using mobile phone on duty my department has a rule that no promotion to be granted for 5 years. So the promotion which was to be given to me in the year 2019 was given to me in 2023 . so I have completed the currency of punishment. And also after punishment I was charged 3 days pay fine cut + 3 days fine cut =6 now my batchmates are promotion to another rank as per their batch and I have been made 13 years junior from my batch.so isnt this double jeopardy under article ,20(2) I was granted promotion with 13 year junior recruited guys thats fine because of punishment but now my Actual seniority is also as per that batch in every rank it means as per my batch I will retire one rank early isnt this violation of article 14 right to equality and article 16 equal opportunity in public employement can department punish me in all ranks cant I get notinal seniority I need help
Answers (3)

Answer #1
975 votes
yes it is double jeopardy, this case can be filled in the appropriate forum and you shall get relief as well So kindly hire somebody who specialises in service law and get the case filed in High Court Delhi for relief timely
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Answer #2
500 votes
The case described by you is definitely putting you at a loss The actions of your organization has violated both your constitutional as well as statutory rights and a legal action is definitely maintainable in by way of writ of mandamus in The Hin'ble High Court.
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Answer #3
783 votes
Based on the facts stated, the punishment has already been undergone, and its adverse effect continues indefinitely by affecting every future promotion and your seniority. Under service jurisprudence, a penalty cannot ordinarily result in perpetual civil consequences unless the applicable service rules specifically provide so. You may challenge the same before the Armed Forces Tribunal by seeking restoration of consequential seniority or appropriate notional benefits. However, whether it amounts to “double jeopardy” will depend on the relevant Army/Service Rules and the exact nature of the penalty imposed. The success will depend upon the punishment order, promotion policy, and seniority rules. You should share above documents before filing an Application.
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