D Nanda Kumar
15 May 2015 at 19:39
JGD
CHAPTER 1
1. Due to the filing of the case by CBI my result in the promotion process in 1993 was kept in sealed cover. Since such CBI cases are long drawn, a provision for giving adhoc promotion was introduced in 1993 as amendment to Promotion policy. As per the same, review committee is to be formed by the Chairman & Managing Director every six months to review cases more than 2 years old to consider giving adhoc promotion.
The action of the Bank in this regard and the inaction of the Chairman & Managing Director are as under:
Action Result Inaction (by CMD)
Note put up on 28.07.1995
& first committee formed Due to sudden demise of one of the committee members review was not done. NO INVOLVEMENT
Second committee was formed on 06.09.1995 and review was done on 30.11.1995 Note recommending adhoc promotion was submitted to CMD. Marked to “ED” and on “ED’s” transfer to another Bank the note is consigned to the records.
Third committee was formed on 15.06.1999. Step 1
The committee asked for details of the case from the Vigilance dept. & personnel dept. (Ref. Notes dated 13.06.2000, 29.07.2000) and reported to CMD vide note dated 24.08.2000.
CMD raised 3 queries viz. The present status, reason for Bank not taking action against me & how terminal benefits given to other Officer mentioned in the case etc. And made a remark as under:
ED may examine these points as well as other aspects of the long pending issue and put up with his comments at the earliest.
Step 2
On getting satisfactory report from Vigilance & Personnel departments the committee met on 13.09.2000 and a note dated 21.09.2000 recommending adhoc promotion was submitted to CMD.
Please discuss.
Step 3
Note explaining the process with due recommendation of the Chief Vigilance Officer put up on 20.10.2000.
Remark by CMD:
Did we make any specific reference to CBI in respect of Mr. Nandakumar (& Mr. Pushkar Raj) seeking No objection of the CBI for promotions to these Officers.
Step 4
Note dated 07.11.2000 was put up with reply to the query duly signed by GM (per.) & GM(Vig.) (that at the discretion of the Bank the Officers can be given adhoc promotion & that the CBI is not concerned with the internal decision of the Bank)
Remark by GM(Vig.):
As directed by Chairman to discuss the matter, I discussed the same with him on 23.11.2000. Based on the position obtaining up to date, it is considered that this could be re-examined at the time of the next Review of Sealed Covers Procedure or next promotion process.
Papers returned for the needful at Personnel Deptt. Pl.
(Needless to add that the CMD was to retire very soon & no review committee was formed in his tenure)
Fourth committee was formed and put up a note dated 18.06.2001 Recommended adhoc promotion from the date of signing of the note by CMD. There is no remark whatsoever on the note by the CMD based on the copy provided to me under RTI Act, 2005.
Fifth committee was formed by CMD on 20.12.2007.
(This is the last committee formed for review not only for my case but in general also although statutorily a review of all cases need to be done every six months) Step 1
The committee called for the personal information by letter dated 18.01.2008 regarding
1. Assignments and duties performed
2. Achievement of allocated targets,
3. Exemplary achievements outside the Bank, &
4. Overall performance.
On getting a very satisfactory report these for two decades of my service, the committee finalized the findings on 07.03.2008 recommending once again adhoc promotion.
The Chairman & Managing Director signed the report on 08.03.2008 with comments for discussion with Committee & General Manager (HR) (as per reply to my RTI query).
Note:
I was personally informed by the then GM (legal) who attended the said meeting that Chiarman & Managing Director voiced his concern as to how the person (myself) is tolerating the injustice for so long and not yet gone to court. The GM(Legal) &/or GM(Per) present was asked to personally convey his feelings to me (to go to court). It is once again needless to mention that the CMD was due for retirement in December, 2008 by which time no court decision is likely to come.
1. Based on the documents already obtained by me under RTI act 2005 I filed writ petition in the High Court of Bombay and obtained a judgement by the bench on 01.10.2008 directing the CMD to take a decision within 8 weeks. (Writ petition no. 1614 of 2008 http://indiankanoon.org/doc/1247211) . The same CMD had to act for a change.
2. The Chairman & Managing Director had also the privilege of reading the following remark in the said judgement which I feel is a personal remark calling for introspection:
“Even otherwise a duty is cast on the Respondents to act fairly. The petitioners’ case has not been reviewed in terms of the Regulations. Where a power is conferred on an authority, the authority conferred with the power has a corresponding duty to act and that too fairly.”
From the above it is clear that there is a dereliction of duty and gross denial of justice. The Bank released the adhoc promotion as per the judgement but not from the date of judgement as recommended in the note but from the date 24.11.2008 there by robbing me of any monetary benefits.
3. After getting the relief & after putting in a satisfactory service of 38 & odd years, I attained superannuation on 31.03.2010 and retired with full terminal benefits including pension.
CHAPTER 2
The case no. 6 of 1992 stands disposed off now and as per judgement dated 26.03.2014 I stand acquitted on merits. I have made claims on the Bank by letter addressed to the Chairman & Managing Director submitted on 16.07.2014 and thereafter sent reminders on 1.10.2014, 18.10.2014, 12.11.2014, 24.12.2014, 30.12.2014, 23.01.2015, 02.02.2015, 28.03.2015, 14.04.2015 and 28.04.2015 staking my claims for the following:
a. Release/regularization of adhoc promotion with notional date from the date of promotion
b. For considering my claim for future promotions denied to me by the Bank’s action/non action ,
c. Adequate monetary compensation from the Bank to mitigate the injustice, ignominy and mental agony as well as trauma I was put through by action & non action of the Bank
Representation dated 11.07.2014 and several reminders have been blatantly ignored despite my age (65 years) and health condition (Cancer Survivor).
Further, it is also mentioned in the said High Court judgement (mentioned in the first chapter) that “Needless to say that subsequently, if the Petitioner is exonerated or discharged or acquitted from the charges, the Petitioner’s promotion would be considered in terms of the rules in force pertaining to sealed cover procedure.
THE NON ACTION CONTINUES DESPITE THE ABOVE DIRECTION (WHICH ACCORDING TO ME TANTAMOUNTS TO CONTEMPT OF COURT ORDER).
Harish Wani
15 May 2015 at 17:33
If in Maharashtra (Navi Mumbai) factory owner appoint contractor and under that contractor 50 Mathadi workers are working for loading and unloading then which act is applicable for factory owner.
Thanks in Advance
Mysore Kapaniah
15 May 2015 at 12:34
Dear Sir, SC had passed a judgement in January 2015 upholding Madras HC judgement on providing reservations up to grade VI in officers' cadre in PSBs and FIs.The case centred around a DoPT circular regarding such reservations in PSBs/FIs. It is understood that a review petition has been filed on this SC judgement. It is understood that many of the PSBs have not followed the SC judgement while carrying out promotional procedures during this year stating that they are waiting for instructions from the Ministry of Finance to implement the SC order, while some have come out with revised policies providing for reservations up to grade VI. As review petition is not a stay on SC order on a case which revolved around the original DoPT circular issued to all the banks and FIs kindly advise if the PSBs are right in their stand for not implementing the SC order of January 2015 'till further orders/instructions' from the ministry of Finance.Under what circumstances the PSBs may withhold implementation of SC order and go ahead with the process of promotions in defiance of SC order.Grateful your well appreciated advice. With best regards.
Kriti
15 May 2015 at 11:30
Dear Sir /Mam,
I was working in a Pest contrl company ,Due to continuous clerical job which was not a part of my JD , I got affected with Shoulder dislocation , My Doctors advised me to take rest or even Quit . So I had put down my papers , my notice period was 2 months , I requested the HR to reduce it to 1 month , he accepted it as well , he also confirmed me that there was not going to be any salary Deductions , But I have not received my Full and Final Settlement. And to add on they said they will be deducting my salary .I quit in the last week of April between 20- 25. Its May 15 I haven't received any kind of settlement so far. Requesting you to help me as to how I should go about.
Regards
KK
Hemnag
14 May 2015 at 14:55
Hi Sir,
Am working with a private consultancy(X) and they deputed me in one of the Engineering services concern(Y), when am joining they said within six months sure they will take me as a permanent employee of (Y), I joined with them by 15/10/2014 but in fifth month, the company (Y) said your contract has been closed you can relieve immediately by 10/03/2015, this they informed me in that same day, then after 15 day later they deputed me in other company(Z) by 25/03/2015 but for that 15 days they did not gave me any salary, ok its fine, as of till date am working them for more than 6 months but i don't know for how many days long last here but sure one day the same will happen, so now i resigned my job of having a better permanent job, as my age is 26 in next one year i have to settle down before my marriage,
They are not accepting my resignation letter and they replied as "you have to serve at least for six months" as am working with them for more than six months they are saying that in this concern (Z) you have to serve at least for six months but they have not mentioned anywhere in my offer letter that i have to serve for six months, they asked for only prior 30 days notice period as i have given the notice period by 09/05/2015 asking to relieve me by 08/0682015 but now they are not ready to pick my call also for past four days in the consultant(X), in the new company i have given the joining date as 10/06/2015.
Kindly help me in this.
anandaraj
14 May 2015 at 12:16
Dear experts i want contact details of some service matters lawyers in coimbatore location. I want to discuss about my problem which im facing in my current employment.
Member (Account Deleted)
13 May 2015 at 19:02
sir,
i am an engineer in a psu company . I wish to appear for the post of manager in RBI. My employer is not ready to forward my application through proper channel stating that i am in bond period.
what can i do to get the application forwarded through proper channel.
thanks
Gaurav Gujrati
13 May 2015 at 12:13
Dear Sir,
Please let me know about the Reference Matter & Recovery Matter under Labour Law..
Thanks & Regards,
Gaurav
kayone007
13 May 2015 at 12:08
Hello Experts,
My wife had joined some local company as a fresher.
But at the time of joining company, Company has asked to signed a service bond of 40,000 for 16 months saying this is for Tally training provided by them..So in the case of breach of the contract, my wife needs to pay of 40k to them...they have also taken 10th and 12th original marks sheets from her end so that without 40k she should not except from the company...
Slowly and gradually time flew and she is encountering that profile doesn't suits her need and its totally a BPO kind of Tally training nothing like professional training by some experts...Some 2 year senior person is giving training just by reading notes which is no where helpful for her to get her expertise on that tool..
Each month, on 7th her salary should be credited to her account but company also giving lots of excuse for not giving salary on time...this month they are not giving salary with the excuse of she has taken a day sick of so she is irregular and once she would come to office regular then they will give...
I don't understand how come a day off to work becomes a employee as irregular.. for this I do have all the proofs of her presence in the company..This month ufcorse she has taken 3 leaves for her post dental impaction surgery health issue and properly furnished medical certificate also..Though daily her leaders are giving different excuse for delay of the salary..Don't know how to tackle this...She wants to quit the company by any hook or crook but thing is 40k + those 10th and 12th Original marks-sheet she has to get back which is crucial at this stage and circumstances...
Please do do help by providing your expert advice for get rid of such junk 40k contract and getting her original certificates back..
I have attached the bond signed by her....its just on a normal written printed paper without any kind of notary stamp on it...But I am not sure that such bonds is legal enough so that the company can take action on the basis of it or not ????...
Please help me out to fix this out asap..
Regards,
A needy...
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