From:

Amol Kumar
Electrical executive Engineer (Project)
PESU West Circle, Patna

To,
The Chairman Cum Managing Director
Bihar State Power (Holding) Company Ltd.
Vidyut Bhawan
Patna

Subject: Promotion to the Post of Electrical Executive Engineer with effect from 19.08.2016, i.e. from
the date the immediate junior has been so promoted.

Sir,
I crave your permission to lay the following facts for your kind perusal and sympathetic orders:-
1) That I was appointed to the post of Assistant Electrical Engineer and joined the post on
23.10.2009.
2) That I have been working to the utmost satisfaction of my controlling authorities since the
date of my joining.
3) That while posted as Assistant Electrical Engineer, electric supply sub division mokama, I was
subjected to delay in charging the transformer for two months due to the situation beyond my
control. An explanation was asked from me vide Power Company’s letter no. 372 dated
18.09.2014 and I submitted my reply on 19.09.2014, explaining the factual position of delay
but unfortunately the power company did not pay any heed to my submission and ultimately
vide SBPDCL Resolution no. 1869 dated 22.09.2014, two of my annual increments were
withheld with non-cumulative effect.
4) That my promotion was due from 19.08.2016, with effect from the date my immediate Junior
Sri…………………………………………was promoted to the post of Electrical Executive Engineer vide
BSPHCL Notification no………. dated……………..
5) That As gathered the sole reason for non -consideration of my promotion with effect from
19.08.2016 was the punishment inflicted upon me as stated in Para 4 above under the shelter
of Rule 4(V), which reads as follows:
“ No promotion shall be considered during the period of operation of this penalty i.e. for the
number of years the increments are withheld. Only after expiry of the period of penalty, it will
be possible to consider on the promotion from the due date.”
6) That from the above Rule it is clear as daylight that the promotion has to be considered after
the period the punishment is availed by the employee who has been punished. In my case
after the issue of order of punishment of withholding of two increments with non-cumulative
 effect, my first increment was withheld on 1.07.2015 and the second increment too on
1.07.2016. After 1.07.2016 even in accordance with the straight interpretation of the aforesaid
Rule there was no bottleneck in the way of my promotion to the post of Electrical Executive
Engineer after 1.07.2016 and I was entitled as such to be considered for promotion after
expiry of operation of penalty on 1.07.2016.
7) That due to wrong interpretation of the Rules I was superseded and got promotion to the post
of Electrical Executive Engineer vide BSPHCL notification no. 565 dated 21.05.2018.
8) That apart from the above it is also humbly submitted that the Disciplinary Authority while
inflicting the penalty of withholding of increments with non-cumulative effect upon me had no
intention to withhold my promotion even for a day. Had it been so the Disciplinary Authority
would have imposed the penalty of withholding of promotion upon me but, unfortunately
here is a case of Double Jeopardy. For the allegations, once my increments were withheld, at
the same time due to wrong interpretation of Rule, my promotion was also withheld allowing
my juniors to supersede me on the post of Electrical Executive Engineer.
9) That it is now clear beyond doubt that the operation of the punishment of withholding of two
increments came to and end in my case on 1.07.2016 and there is no impediment on
considering the case of my promotion with effect from 19.08.2016 I,e the date from which my
immediate Junior has been so promoted.

I am therefore to approach your goodself kindly to look into the matter personally and be kind
enough to allow me promotion to the post of Electrical Executive Engineer with effect from
19.08.2016 i.e. the date from which my junior Has been so promoted. For this act of your
kindness I shall remain under a debt of everlasting gratitude.

Yours faithfully
Amol Kumar
Electrical Executive ENgineer