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Arun K Sreedhar (Geologist)     08 October 2014

Cat

What will be the expense For carrying out a trial at Central Administrative Tribunal (i.e problems of a central govt employee)



Learning

 22 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 October 2014

Depending upon case, plz call and discuss. Adv kapil chandna 9899011450

Arun K Sreedhar (Geologist)     09 October 2014

Not getting salary for two months. Except me all others are getting their salary in time. Can a centrral govt employee deny salary like this. What will be the expense if this case goes to CAT

Sudhir Kumar, Advocate (Advocate)     09 October 2014

why not gettingslary when others are getting

Arun K Sreedhar (Geologist)     09 October 2014

The office withheld salary in the name of leave regularisation. Can I approach district collector to solve this problem?

Sudhir Kumar, Advocate (Advocate)     09 October 2014

"The office withheld salary in the name of leave regularisation."

 

what exactly you mean by this.  You are hiding facts.  Given facts do not indicate any fact giving change to go to CAT.

Arun K Sreedhar (Geologist)     10 October 2014

I am attaching a letter received from office. Kindly help me. Facts are given below

1, I am Group A  offiice recruited by UPSC

2. Salary is withheld by another senior Group A officer

3 Can a superior officer give my salary?

4 In my case whom should I approach?


Attached File : 973033754 1282.jpg downloaded: 88 times

Sudhir Kumar, Advocate (Advocate)     10 October 2014

Apparently nothing illegal in this letter. 

 

Are you attending duties?

If yes why letter are residential address?

If no whether you are on sanction as well as admissible leave?

Arun K Sreedhar (Geologist)     10 October 2014

I have joined office in September 2014. I was on leave in July and August (ie EL and HPL). I applied for this leave to my office, The office didnt sanction this  leave. Then I applied to concerned ministry. Now I am not getting salary for August and Septmber. To get salary what I should do? My office is not helpful. Can district collector help me? can office withheld salary in the name of leave regularisation?


Attached File : 973100719 joining letter20914.pdf downloaded: 96 times

Sudhir Kumar, Advocate (Advocate)     10 October 2014

Can district collector help me?

 

Ans : No

 

can office withheld salary in the name of leave regularisation?


Ans : Have you received full/half/nil salary for July and August [the period for which you did not attend office and no leave has been sanctioned ]?

 

Has the period of absence marked as dies-non(with/without break in service)?

 

Whether there is any proposal for disciplinary action due to unauthroised absence which is warranted when leave is not sanctioned and you remained absence [at least what is understood from scanty facts posted by you]

 

While you are Gp-A officer the appointing authority will be President. Is it correct?

 

Whether your immediate seniors have sent complaint of unauthorised absence to your Ministry or you yourself have reported so by way of representation?

 

You are giving facts on instalement basis.  Probably you think very low about the experts of this forum who will dance to every morsel you throw. This is not cleverness rather discourtesy and you are the looser who is not able to get correct and comprehensive advise when you do not come with all relevant facts.

Arun K Sreedhar (Geologist)     11 October 2014

Actually sir, In july I have received half salary. The absence period marked as dies non. Yes there is a proposal for disiciplinary action. A  minor penalty has already imposed on me (increment reduced to lower stage for next three years without cumulative effect). Since I joined in this office there are lots of mental harassment from seniors and that I have conveyed to Ministry recently.MY appointing authority is president. All my actions are conveyed to Ministry by myself. At present I didnt receive salary for August and September 2014. As you know it is difficult to survive without salary. My office is not helpful. In this case what I should do to get my salary as early as possible?

I have only four years of service and I do not know much rules. Kindly help me.

                                                          Thank you

Sudhir Kumar, Advocate (Advocate)     11 October 2014

My dear, UPSC selected Gp-A officer,

 

you are hiding the dates and expecting the experts to use astrological skills and give you  a considered opinion.

 

It is only now you have disclosed the the absence period is marked dies-non {you still hide what was the period}

 

It is now you have intimated that a minor penalty has been issued [when ordered? you are hiding the fact].  Since it is non-commulative it may have been without inquiry under rule 16.

 

Based on given facts no harassement appears to have been meted out.

 

It is not understood that when the period is marked as dies-non then period of July [exact dates not disclosed by you]  is also unauthorised absence.  In that situation it is not understood that how could you receive even half salary.  Apparently someone is responsible  for excess payment and excess payment is to be recovered from you.

 

You are giving facts on instalement basis.  Probably you think very low about the experts of this forum who will dance to every morsel you throw. This is not cleverness rather discourtesy and you are the looser who is not able to get correct and comprehensive advise when you do not come with all relevant facts.

Arun K Sreedhar (Geologist)     11 October 2014

Minor penalty order issued in March 2014. I was on leave from 7-7-2014 to 1-9-2014 (i.e EL and HPL). In july I received half salary. The above mentioned leave period is marked as dies non. I have applied for this leave to ministry.

Can I approach ministry to get the leave sanctioned?

If no, to whom I should approach to get the leave sanctioned? (for getting as early as possible)

To whom should I approach to waive penalty imposed on me?

Please help me

Sudhir Kumar, Advocate (Advocate)     11 October 2014

Can I approach ministry to get the leave sanctioned?


Ans : First of all it is not clear why you applied for leave to the Ministry and why not to the immediate reporting officer.

 

Your Appointing Authority is President.  For issue of Minor penalty the order of Appointing Authority is not must.  It can be issued by the subordinate , designated authroity.  You have not indicate who issued this penalty and you have also not stated what procedure was followed whether under rule 14 or under rule 16 of CCS(CC&A) Rules.

 

I belive (from given facts) that the penalty is for for some other misconduct.  Because no cognisance can be taken in March 14 for a misconduct of unauthorised absence yet to happen in July.

PLEASE STAND CORRECTED WHEN DIES-NON HAS BEEN MARKED YOU WERE NOT ON LEAVE FROM 7.7.14 TO 1.9.14. 

 

In July  (if no other facts are hidden)you were entitled only for 6 days of salary and you said you have already received half salary. 

 

PLEASE STAND CORRECTED THAT (if no other facts are hidden) YOU ARE OVER PAID IN JULY.

Sudhir Kumar, Advocate (Advocate)     11 October 2014

If no, to whom I should approach to get the leave sanctioned? (for getting as early as possible)


Ans : Your case appears to be beyond apology. Since you are hiding the facts as to  who ordered dis-non and who was leave snactioning authority.

 

You already have got a penalty before this absence and you are liable for another disciplinary action in addition to non-payment of salary and your case appears to have been taken leniently (if no other facts are hidden) as you yourself stated there is no proposal for disciplinary action although you are yourself informing Ministry of your absence without sanctioned lave.


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