suriya 12 October 2015

Service matters

I am Suriya. Joined as Postal Asst in DOP in 2007 and promoted to the cadre of Inspector Posts in 2013 thro DOP merit exam. Case 1: In 2013 one Rule 14 charge sheet issued and I admitted. Case 2: On 01.02.2015, I was suspended and another Rule 14 charge sheet issued and I denied. 1. In July, 2015 while under suspension I was dismissed for case -1 and on appeal the penalty was modified as “Cadre Reduction for 10 years” from original cadre (Inspector Posts) to Feeder Cadre (Postal Asst) and the modified penalty was kept inoperative as I was considered as Inspector Posts (under suspension) till the review of the pending case and subsistence allowance was paid since dismissal as arrears. 2. The suspension order dated 01.02.15 was revoked on 08.10.15 without finalizing the pending case. Query -1. In the revocation of suspension there is a point that “Directly join in the Feeder Cadre”. Is it correct? Or should I join in the original cadre on revocation of suspension and then relieve from original cadre on the operation of the penalty. Query -2: Can I request to finalize the pending case to relieve me from all the commitments in original cadre as the charge sheet was already issued in original cadre and on technical ground further enquiry of the charge sheet is not possible in lower cadre for the next 10 years? Seeking related advice/opinions/Rulings/Court Orders please. Thanking u.

Reply Follow

16 Replies

deepak kumar 13 October 2015

I was previously employed as central govt employee in cbec as general category and left on 26.12.2014 Then joined SBI on 29.12.2014 availing obc benefit given by GOI in march 2014. That jaat reservation benefit has been set aside and quashed by SC in march 2015. Recently, SBI has given us discharge letter from service because of that verdict. Now I neither have cbec job nor SBI job. Jaat reservation was given by GOI and quashed by SC but victim is me. मुझे भी न्याय चाहिए।

Sudhir Kumar, Advocate (Advocate) 14 October 2015

Originally posted by : suriya
	I am Suriya. Joined as Postal Asst in DOP in 2007 and promoted to the cadre of Inspector Posts in 2013 thro DOP merit exam. Case 1: In 2013 one Rule 14 charge sheet issued and I admitted. Case 2: On 01.02.2015, I was suspended and another Rule 14 charge sheet issued and I denied. 1. In July, 2015 while under suspension I was dismissed for case -1 and on appeal the penalty was modified as “Cadre Reduction for 10 years” from original cadre (Inspector Posts) to Feeder Cadre (Postal Asst) and the modified penalty was kept inoperative as I was considered as Inspector Posts (under suspension) till the review of the pending case and subsistence allowance was paid since dismissal as arrears. 2. The suspension order dated 01.02.15 was revoked on 08.10.15 without finalizing the pending case. Query -1. In the revocation of suspension there is a point that “Directly join in the Feeder Cadre”. Is it correct? Or should I join in the original cadre on revocation of suspension and then relieve from original cadre on the operation of the penalty. Query -2: Can I request to finalize the pending case to relieve me from all the commitments in original cadre as the charge sheet was already issued in original cadre and on technical ground further enquiry of the charge sheet is not possible in lower cadre for the next 10 years? Seeking related advice/opinions/Rulings/Court Orders please. Thanking u.

1. In the revocation of suspension there is a point that “Directly join in the Feeder Cadre”. Is it correct? Or should I join in the original cadre on revocation of suspension and then relieve from original cadre on the operation of the penalty. -------------YES Query -2: Can I request to finalize the pending case to relieve me from all the commitments in original cadre as the charge sheet was already issued in original cadre and on technical ground further enquiry of the charge sheet is not possible in lower cadre for the next 10 years?-------------YOU HAVE NOT BEEN ABLE TO CONVEY YOUR PROBLEM . PERUSAL OF WHOLE DOCUMENTS WILL BE NEEDED BEFORE FORMING ANY VIEW SO BETTER MEET A SERVICE MATTER LAWYER.

Sudhir Kumar, Advocate (Advocate) 14 October 2015

Originally posted by : deepak kumar
	I was previously employed as central govt employee in cbec as general category and left on 26.12.2014 Then joined SBI on 29.12.2014 availing obc benefit given by GOI in march 2014. That jaat reservation benefit has been set aside and quashed by SC in march 2015. Recently, SBI has given us discharge letter from service because of that verdict. Now I neither have cbec job nor SBI job. Jaat reservation was given by GOI and quashed by SC but victim is me. मुझे भी न्याय चाहिए।

SINCE YOU RESIGNED FOR JOINING BANK IN ALL LIKELIHOOD YOU HAVE NO LIEN. SO YOU CANNOT JOIN BACK

Sudhir Kumar, Advocate (Advocate) 14 October 2015

Originally posted by : deepak kumar
	I was previously employed as central govt employee in cbec as general category and left on 26.12.2014 Then joined SBI on 29.12.2014 availing obc benefit given by GOI in march 2014. That jaat reservation benefit has been set aside and quashed by SC in march 2015. Recently, SBI has given us discharge letter from service because of that verdict. Now I neither have cbec job nor SBI job. Jaat reservation was given by GOI and quashed by SC but victim is me. मुझे भी न्याय चाहिए।

NOW COMING TO YOUR SELECTION AS OBC CANDIDATE IN BANK ----------- YOU HAVE APPLIED AS OBC CANDIDATE AND IT WAS ACCEPTED AND PROBABLY ON THE DATE OF APPLICATION YOUR COMMUNITY WAS ENTITLED TO THE OBC BENEFIT.------------ PERHAPS THE ORDER OF COURT MAY NOT APPLY RETROSPECTIVELY. YOU HAVE TO BE CLEAR ABOUT THE DATES. -------------------- YOU ARE ALSO SILENT WHETHER ANY SCN GIVEN BEFORE TERMINATION.

suriya 14 October 2015

Sir To join in the original cadre on the revocation of suspension, should the dept issue corrigendum for the memo of revocation of suspension?

suriya 15 October 2015

Sir/Madam, Pray for earliest reply. 1. On revocation of suspension without finalizing the case for which suspended, is it correct to order to join in lower cadre without getting relieved from original cadre? 2. Is it possible to conduct further enquiry of a charge sheet issued in original cadre and enquiry in lower cadre?

Sudhir Kumar, Advocate (Advocate) 15 October 2015

Originally posted by : suriya
	Sir/Madam, Pray for earliest reply. 1. On revocation of suspension without finalizing the case for which suspended, is it correct to order to join in lower cadre without getting relieved from original cadre? 2. Is it possible to conduct further enquiry of a charge sheet issued in original cadre and enquiry in lower cadre?

Dear confused personality---------- you have to live with the following facts :- .-------------------------------- (i) When you were suspended you were relieved of the original post.-------------------------------- (ii) When you are reverted by way of another proceedings you have no option but to join the reverted post when suspension is revoked.¬.-------------------------------- (iii) Non joining will result in one more disciplinary action due to unauthorised absence. -------------------------------- (iv) You are asking “Is it possible to conduct further enquiry of a charge sheet issued in original cadre and enquiry in lower cadre?” YOU AR ENOT GIVING ANY REASONS AS TO WHY SUCH INQUIRY CANNOT PROGRESS.

Sudhir Kumar, Advocate (Advocate) 15 October 2015

DO NOT PLAN BEING PERPETUALLY CHARGESHEETED EMPLOYEE

suriya 15 October 2015

Respected and Beloved Sir, I was ordered to pay subsistence Allowance from the date of dismissal to date of issue of order for reduction to lower rank as per FR 53 (f). Actually the suspension revoked after a few days from the date of issue of reduction order. It means I was considered automatically to be in lower during suspension. As per FR 13 (e), I am holding lien in original cadre during suspension. As per FR 13 (c) I will lose my lien in original cadre from the date on which I relieved with relinquished charge report. As per Postal Manual Volume III Rule, 17 - A suspended Government servant continues to be in the grade held by him immediately before suspension and does not suffer a reduction in rank. So that I made I request to permit me to assume charge in original cadre on revocation of suspension and on joining – the implementation of penalty is operationally possible as such I will get subsidence allowance till the date of revocation of suspension in original cadre. Praying for advice Sir.

Sudhir Kumar, Advocate (Advocate) 15 October 2015

You are holding lien to earlier post during suspension. You are no more holding that post. YOU STAND REVERTED no now there is no lien on that post. You were practically already relieved on the date of suspension and lien terminates with order of revertion. You are neither entitled to draw salary nor subsistence allowance for the old post. YOU JUST DO NOT HAVE ANY RIGHT TO COMPEL THE DEPTT TO ALLOW YOU TO JOIN THE OLD POST WHEN A REVERSION ORDER HAS BEEN PASSED. It is in your interest that you do not make the deptt to repent for the reinstatement.

Sudhir Kumar, Advocate (Advocate) 15 October 2015

Anyway it is your career you have full right to spoil it.

suriya 15 October 2015

Sir I follow your valuable advice Sir. Actually the charge is availing leave for 4 months with MC submitted in time. During leave period I prepared for UPSC mains. I admitted the charge as it is just a leave case. Submitted hopefully for revision petition. Thanking you Sir.