Very urgent- dismissal from government service

He has been given penlaty of removal from service. which reduced penalty do you think can be given? remaining penlaties are (i)COMPULSORY RETIREMENT (Pension without a single day salary)? (ii) REDUCTION IN RANK (even without a promotion + retention in service despite continued wilful absence without any excuse) (iii) REDUCTION IN time scale (even without a time scale + retention in service despite continued wilful absence without any excuse) (iv) REDUCTION IN PAY (even without an increment + retention in service despite continued wilful absence without any excuse) (v)STOPPAGE OF PROMOTION (even before being eligible for promotion + retention in service despite continued wilful absence without any excuse) (vi) STOPPAGE OF INCREMENT (even before being eligible for increment + retention in service despite continued wilful absence without any excuse) (vii) recovery of Govt loss (viii) censure DO YOU REALLY THINK ANY COURT TO BE SO GENEROUS?

@ Sudhir Kumar Sir,. No Sir As the word Padchut mentioned in letter actaully means Dismissed (I found it in several hindi government notifictions & other sources). So he has been charged for dismissal which is very hard punishment and debare him from any future appointment.

It is not removal actualy.

So my queries are still there  ..Kindly reply when ever free

Before going to state public service tribunal aginst the govt. decision  should he go to the govt officer (Highest autorities who dismissed him) requesting to reduce the peanlty from dismissal charge to removal ( to allow  him eleigible for future employment) on humanitarian basis.

Do the autorities have the powers to change their decision or decison once taken can not be changed easily by this means and he has only option to go to tribunal.

Kindly reply

Earelier you said that the penalty is ""aapko seva se mukt kiya jata hai"" now you are saying that penalty is "padchyut" please decide what you want to say.

Sir it is Padchut (Dismiss) actually .....Now what are the ways he should do?..Kindly suggest.

First he should appeal to the Appellate Authority in deptt within stipulated time [ 46 days in central govt please check exact provision of state whether whether it is same or not]. Then discuss case after two months.

refer https://www.lawyersclubindia.com/forum/details.asp?mod_id=127390&offset=1#.VgFWI32N6gA Need for opening of new thread is not understood

@Sudhir Kumar Sir & Kumar Doab Sir,

As per your advice My brother has appealed to the deparmental appellate authority for reconsideration for their dismissal from service and ask for personal meeting. Now he got an answer from the department to come to the office for meeting and present his casebefore highest authority  on 24 th Oct.

Sir, If you remember this is a case of Dismissal from service due to unauthorised absence. our primary objective at this stage is to make the autority convice to reduce the punishment from dismissal to removal from service so that he remain eleigible for upcoming goverment services.

May I request you to please advice what kind of proofs or other details he should provide to convice the authority. He has mentioned his mothers long illness as a reason in his appeal which is partially true. Should he take the medical documents for his mothers illness.

Kindly suggest. it is the last chance for him to save his dream and life.

Regards

Sameer

Appeal was not to be made to the highest authority rather ot the Appellate Authority and Appellate Authority may not be the highest in the deptt. There is no provision of holding any inquiry at this stage. It is informal meeting and he may produce material sufficient for mitigation of the mis conduct to justify lesser penalty.

Sir,

As there was no details regarding appellate authority, Appeal was made by him unknowingly in the name of highest authority (director level) of the organisation. Though the punishment order was made my lower autority (joint director).Reply has been made  by a registered post from the name of Director itself to present in the department under natural justice provison

I couldn't get you point-  There is no provision of holding any inquiry at this stage. 

 

Now you have revealed facts that:--------------- (I) there was no details regarding appellate authority, --------------- THRE IS NO PROVIOSN TO DISCLOSE APPELLATE AUTHORITY IN PENALTY ORDER AS DONE IN CASE OF RTI. (II) Appeal was made by him unknowingly in the name of highest authority (director level) of the organisation. --------------- (III) the punishment order was made my lower autority (joint director). --------------- (IV) Reply has been made by a registered post from the name of Director itself (V) to present in the department under natural justice provison

"I couldn't get you point- There is no provision of holding any inquiry at this stage"------------- It is you who had idden vital facts and it is you who have now revealed the same. No Inquiry can be held at Appellate stage. However the Appellate Authority can give your opportunity of being heard in person which he is giving. You should avail it to the best.

Have you consulted an able counsel in person at all! You should have.

You should have arranged for a defence assistant.

Let your able counsel opine finally after examining everything and acompany you.

 

Thanks Sir for your reply.

@ kumar Doab Sir, we have consulted this case with any one. Please suggest whom should we consult. Should we consult to the lawyer expert in public service matters. Who else can be much knowlegeble person to guide. Kindly suggest.

It is felt that you mean to state that 'You have not consulted anyone'.

 

It was mentioned in the beginning that you may consult an able labor Law Consultant/Service Matters Lawyer/Law Firm well versed with such matters.......................and arrange for an able defense assistant.

 

The seasoned and knowledgable employee's union/trade unions leaders may also guide you.

 

The disciplinary matters are so complex issue I have rarely found any union leader, well versed in such mattes. Tye can be a professional requesters who can fetch you some relief of lesser penalty.