Wrote on 20 December 2012
GOOD AND INFORMATIVE
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Wrote on 10 December 2012
I was an officer with State Bank Of India. Even though the rules of the Bank concerning officers disciplinary proceedings as well as the CVC guidelines mandate that the Punishing Authority should furnish a copy of the inquiry report to the charge sheeted officer (cso)and ask for his representation and on receipt of it only should record his concurrence or otherwise of the findings of the inquiry authority after applying his mind, in my case at the time of furnishing a copy of the report of the inquiry authority, along with it he had noted that he concurred with the guilty findings of the inquiry authority. Is this correct? I was not governed by the Industrial Disputed Act but by the Service Conditions of the Officers Which is similar to the CCS rules in all respects. Please help me. Also please quote the relevant judgements.
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Wrote on 04 October 2012
peggylab, you got remedy ? If not post the details now.
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Wrote on 04 October 2012
peggylab, pl give details of this case. Every employer is bound to obey the provisions of legal enactments such as Payment of Subsistence Allowance Act in this case. If that is not done, it has to be enforced.
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Wrote on 04 October 2012
The employee under suspension is an employee of High Court ? Who suspended him ? Whether the officer suspended is the appointing authority or whether he has been empowered ? on what grounds suspended? Whether any application is given (under acknowledgement) for revoking suspension and payment of S.A. at higher rates ? Whether any attempt is made to get the details of suspension and charge sheet under RTI Act 2005? I need details of the case. Three line query is not sufficient.
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Wrote on 04 October 2012
Representation given to revoke, for enhanced S.A, no resonse from the controlling officer,it is happening in High court of Madras. R.G is telling only committee of judges should decide, what is the remedy Mr.KCS Kutty
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Wrote on 03 October 2012
Since employee under suspension is a Government employee of TN Govt, for payment of Subsistence Allowance, TN Payment of Subsistence Allowance Act 1981 shall be applicable. As per Section 3 of the said Act, the employee is entitled for 75% of wages after 90 days and 100% of wages after 180 days as Subsistence Allowance. Pl refer S.3 of the Act and then come back.
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Wrote on 03 October 2012
There are different ways to solve the issue. Since the issue relates to a Govt. employee, pl request him to make a representation to his controlling officer or the officer who had suspended him to revoke the suspension and reinstate in service, stating that after suspension no charge sheet is served on him. Also ask him to meet the Officer in person and make a personal presentation of the facts. If the Officer is adament or not willing to listen, ask the Public Information Officer of the Organisation / Department under RTI Act 2005 for the details of suspension and copy of the charge sheet. Rest I will tell you after your response.
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Wrote on 03 October 2012
verified no criminal action taken only show cause issued, submitted explanation, no charge framed for nearly 18 months, inquiry officer not appointed, no progress in the displinary proceedings S.A 50% is being paid, how long interim suspension can continue what is the legal remedy Mr.KCS Kutty
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Wrote on 01 October 2012
Answer to the question of Jayanthi is in the same Section 17(e)(5) which is as follows. "(5) Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings are commenced or any other criminal complaint is under inves- tigation or trial against him during the continuance of that suspension, and where the suspension of the Government servant is
necessary in public interest as required under clause (1), the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings including departmental proceedings
taken on the basis of facts which led to the conviction in a Criminal Court.
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