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Mrityunjay108 (service)     01 December 2015

I need a way out...falsely implicated & charged!!!

"When destiny decides to kill a man, even God can't save him"

With this I put up my case for some suggestions please.

I am a Central PSU employee in P&A (HR) discipline in the official cadre (E-2). Have around 9 years of work experience in several Central PSU's in HR (officer category). I jonined the current PSU I am working in right now on 30.10.2013. I was put on induction training for 1 week by a written office order of my HoD. But within that one week itself (3.11.2013) my HoD told me verbally that a recruitment exercise was being conducted in our Unit, hence as a measure to increase my exposure to recruitment he was deputing me with the other HR officers who were conducting the recruitment process interviews that day. I followed my HoD's verbal instructions and on that ill fated day my jobs were sundry (like arranging for papers, pins, stapler, ushering in the candidates and beyond that I had no other role). Later on, after around 6 months several irregualrities were found in the recruitment and upon a complaint received from a person who had not been selected an internal vigilance enquiry was launched. On the behest of my HoD in front of the officer conducting the enquiry my name was also included amongst the other 21 officers who had any role to play on the day the recruitment exercise took place. At that point of time I had no idea what was being cooked up. Several rounds of enquiries took place (internal) and we all were issued SHOW-CAUSE charging us of some or the other irregularity. In my case, I was charged of not properly scrutinising the application and original marksheets/work exp. certificates of a candidate on the day of the interviews. I replied to it stating - I was just 4 days old in the company, had been given just a verbal direction by the HoD to attend the recruitment process and my tasks were very sundry in nature and I was never given the task of scrutinising any application or certificate. Time olled by and the case was taken up by the CVC. Now the investigation is going on in CVC and CVC has not issued yet any clean chit/ exoneration to anyone. In the meantime I have got a far better job opportunity in the power sector (not PSU) which is very near to my home-town and being the only son of my aged and ailing parents I want to go there. 

I put up my resignation one month back requesting authority to release me by but have not heard anything yet. I came to  know verbally from my superiors that it has been stated that until CVC exonerates us none (including me) can be released, however, as soon as CVC exonerates us, I will be relieved.

Now my question is -

1) My name was deliberately dragged into this case almost 1 year back by none other than my own HoD

2) I had no role of scrutiny or whatever except sundry (timepass) jobs in the whole recruitment process

3) In the SHOW-CAUSE I have already stated that all charges levelled against me completely BASELESS and IMAGINARY

4) Due to above process and ongoing CVC enquiry I am missing a good opportunity to work near my home-town considering that my parents are ailing and old and being near them I can be of lot of help to them

At this juncture what options do I have.



Learning

 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     01 December 2015

Hi,

Labour court can be option for you, before that you can certainly send a legal notice to the company mentioning all the facts and inconvenience caused to you and even what loss you can suffer if the company doesn't release you in time. Also warn the company with the consequences if they don't take immediate action to release you.

Adv. Yogen P. Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

Kumar Doab (FIN)     01 December 2015

It is felt that similar query has been discussed. You have initiated many threads.It is suggested that you may show all docs on record to an able counsel specializing in labor-service matters,enquiry,disciplinary action and avail the services of defense assistant also.

You may download the conduct and discipline rules, service rules and regulations,service conditions,HR policy etc of your establishment.

 

After examinig all docs on record and merits your counsel can advise you on thestpes that you can take.

Sudhir Kumar, Advocate (Advocate)     06 December 2015

please list all the threads you initiated onsame issue.


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