Section 5(5) in The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988
(5)The distinction between censure, the withholding of promotion and non- selection to a selection post is of considerable importance. Both censure and the withholding of promotion are appealable under these rules, on the other hand, non-selection for a selection post is not appealable. If an employee, because of an unsatisfactory record and unfavourable confidential reports, is not selected for a selection post and some other employee junior to him is selected in preference, this does not amount to the withholding of promotion. If any enquiry is held against the employee and an order of censure is passed on him, it is open to him to appeal ; if he does not appeal or his appeal is rejected and is subsequently because of the existence of this censure in his record he is not selected for a selection post, and some other employee junior to him is selected in preference, this also does not amount to the withholding of promotion. If, however, an inquiry is held against the employee and an order is passed that he should not be promoted to a selection post for a definite period or until he has obtained good reports this order would amount to the infliction of the penalty of withholding promotion. This distinction between non-selection for a selection post and withholding of a promotion may be summed up as being that in the former case the employee in question is considered for selection but some other employee is preferred on his merits, while in the later case the employee in question has been declared before hand as a disciplinary measure, to be ineligible for selections irrespective of the merits of other employees available.
