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    <title>2009 (1) TMI 865 - MADRAS HIGH COURT</title>
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    <description>Where disciplinary proceedings end in a penalty, the sealed cover assessment cannot be acted upon for retrospective promotion. The employee&#039;s reduced punishment to censure did not change the position, because censure was still treated as a punishment for this purpose. Promotion was therefore to be considered only in the next DPC in the normal course, taking the penalty into account, and not from the date juniors were promoted. The Tribunal&#039;s direction granting retrospective promotion was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=180912</link>
      <description>Where disciplinary proceedings end in a penalty, the sealed cover assessment cannot be acted upon for retrospective promotion. The employee&#039;s reduced punishment to censure did not change the position, because censure was still treated as a punishment for this purpose. Promotion was therefore to be considered only in the next DPC in the normal course, taking the penalty into account, and not from the date juniors were promoted. The Tribunal&#039;s direction granting retrospective promotion was set aside.</description>
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