Dipak
04 June 2013 at 13:52
I, Dipak P Mehta, Dismiss from Assistant, at Principal Civil Judge & JMFC Civil Court Waghodia, Vadodara
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
- After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, The Enquiry Officer had not taken Finger Print Expert, in witness list, Why ? The Main witness was Finger Print Expert and the Enquiry Officer deliberately not taken in witness list because in the Statement before the Hon’ble Chief Judicial Magistrate he had submitted report which was not in my favour nor in my against without giving any clarification/reasons at the time of trial.
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment,
- In which two Criminal Cases the charges are framed against me, are Prohibition Cases & in the Lower Court the 2 cases of Accused do also not know me as they had given the statement on oath before the Hon’ble Chief Judicial Magistrate at the time of trial.
- The Main witness was Finger Print Expert, submitted report and given the statement was also not in my against nor in my favour, he had not given any clarification/reasons at the time of trial.
- The witness Shardaben Rana also given the statement on oath before the Lower Court that the above 2 cases are not in my possession and also not knowing that whose handwriting are there…
- The witness peon Kadam had also given the statement on oath before the lower court as well as before the enquiry officer that the above 2 cases are not in my possession.
The Hon’ble Chief Judicial Magistrate had declared Order on 13.1.1999 by giving be Clean Acquittal. (The Lower Court trial was taken 10 years i.e. very very sufficient time.) (Not given any benefit of doubt) Against the Acquittal Order dated 13.1.1999, the Department had filed an Appeal before the Hon’ble High Court of Gujarat & the Hon’ble Gujarat High Court had also confirmed the Lower Court Order on dated 30.10.2009.(The Hon’ble High Court had also taken almost 10 Years)
After the 12 years (i.e. from 1989 to 2001) the Departmental Enquiry held against me for the same offence with the same witnesses in which they had given the statement on oath before the Hon’ble Chief Judicial Magistrate, in Criminal Cases, accept the Finger Print Expert, because the Main witness was Finger Print Expert and in Departmental Enquiry Enquiry Officer had not taken in witness list.
If the witnesses are given wrong statement before the Hon’ble Court on oath, there is no action against the witnesses
The Departmental Enquiry proceedings completed on 24.11.2010 (it’s had also taken 9 years) the Hon’ble Principal District Judge had given punishment by stopping 3 future increments with future effect and reinstated me in service on the same post as Assistant, though I had again confirming that I am totally innocent and I had nothing done any misconduct and negligence with my job. this order is passed on 24/11/2010, i.e. (From 1989 to 2010 i.e. 21 years) This 21 years I already punished by facing the suspension period and it was very hard for me and my family to overcome this period by mentally and economically, 21 years is very very long period of punishment, in this time of suspension period my father died due to lack of medicine expenses because I got only 75% Salary during the period and in this very small Salary I cannot effort the expensive medicine and hospital charges. At that time my wife was doing job as a cook in various houses, and trying to manage my family in crucial time, it was very difficult to maintain house expenses, education expenses, medical expenses…. Etc.
By the Grace of God, the Hon’ble Principal District Judge, Vadodara came in our life as “God” and he had reinstated me in service and in Page No. 9 of the Order dated 24/11/2010 the Hon’ble Principal District Judge quoted that “considering the family circumstances of the delinquent I am in view that penalty of dismissal from service would be very harsh and not just and proper and that, it would be amount to economical death to delinquent himself and his family members”.
But my punishment is not over, The Hon’ble Gujarat High Court had filed Suo Motu Review against the Order dated 24.11.2010 passed by the Hon’ble District Judge Vadodara.
On 20-04-2013 the personal hearing was fixed before your Hon’ble Justice & your Honourable had issued the order of dismiss me from my job.
I had also requested in my mercy submission to your Hon’ble Justice that before passing the order please may be taken on record and consider the Last Two Years Confidential Report which was filling up by Hon’ble Principal Civil Judge & JMFC Civil Court, Waghodia, Dist Baroda, were I am doing my duty .I had done my duty very sincerely. No Sessions Commit was pending, nor was any Gujarat High Court Writ pending for Certified during my period. Every Second & Fourth Saturday, along with other holidays I am going to Waghodia for clearing pending work. If you want to know about my work, also please check from my former Principal Civil Judge and JMFC, Waghodia & Additional Principal Judge & JMFC, also from Waghodia Advocate Bar.
I had filed writ petition against the Suo Motu Appeal Order in Gujarat High Court. Please advice me and if any judgements related to my case please forward me the citation of the same.
DEEP NARAIN
04 June 2013 at 13:30
Dear Sir,
I am working with a publication house and my employer hold my 5 months salaries. He is releasing one month salary after 40-45 days. So i am depressed please suggest what i do. He is continue hold our company staff salaries.
Padam Bharati
03 June 2013 at 18:19
Sirs,
The following are the matters to deal with:
1. EL is to be sanctioned for 1/6/98 - 30/11/98 applied with medical documents on 3 occasions (between June-November, 1998). Despite several inquiries, I had not known the reason for its grant being kept pending for almost 15 years. Only in March, 2013, I came to know from one Office staff that in November 1998, a letter, which did not reach me, had been issued asking me to make certain date clarification. I have made the clarification in March 2013.
2. I had overstayed leave from 1/12/98 to 1/8/2000 on medical ground. I had intimated the overstay timely and repeatedly. I had requested to allow submission of medical documents (MDs) after joining which had not been objected or questioned by the Office. Subsequently, the Office instructed me to submit the MDs in 2003 (during the period I was waiting for permission to resume duties). I had immediately complied and had submitted the MDs. The MDs have not been objected or questioned during the last 10 years after submission.
The overstay has to be regularized with admissible leaves like LND and EOL without salary but with all other consequential benefits on medical ground.
3. On 2/8/2000, I had availed myself to the Office with the petition requesting for permission to resume duties as per West Bengal Service Rules Rule 221 (33). I got the permission on 14/8/2006 and on the same day have resumed Office. Thus, I have been kept from resuming duties for over 6 years during which I was always available. This period is to be treated 'on duty'.
4. On 7/8/07, I have applied for consideration of my promotion to the next higher post which have become vacant after retirement of the then incumbent. I am the most qualified and senior candidate for this promotion.
5. I am retiring on 30/6/2013.
Immediate steps required to obtain justice on the above inordinately pending matters with consequential benefits and claim of interest on all the dues to offset irreparable damages and sufferings: financial, mental, familial and social.
I would request for your quick comments and suggestions on the above as I am on the verge of retirement.
Regards
Bharati
balwinder kumar
03 June 2013 at 09:46
is it possible to prepone a hearing of srvice matter in summer vacations
SRIDHAR N L
02 June 2013 at 20:24
An employee is frequently absenting without any authorisation of leave. He was also earlier given show cause notices around three times. Every time he gives a reply that he will not take leave and would not repeat frequent absenteeism.
Now since he is absent for more than 20 days he is suspended pending enquiry. He was called for enquiry. But he did not come. We have CITU union. Instead he brings a leader of PMK and through him he uses influence and request for again taking him for employment. In this situation can i conduct the enquiry and terminate him based on the facts and figures available. If he comes with the influence of an unregistered political influence with us, what to do.
regards,
Sridhar N.L.
9551016279
Vijay Rathnam
01 June 2013 at 18:42
Hi Experts...
I was working in a travel company and had resigned the job with immediate effect as i was on probational period(confirmation letter was not given) with handovers of Job done and company properties like ID card,FOB,in the evening when i was returning home manager took all the handovers in a rude manner,i asked him not to heart anybody like this what he did to me .he told me get lost and used bad words in the office. and i lost cant roll and had to slap him.which i admitted with my HR with the reason.on 31st head office had credited my salary and the next day they directed bank to hold my salary.and i had been to office to inquire abt my salary and explain the incident happened previous day,there i was not allowed to enter the office rather explain .kindly advice me how will i get my salary as well as my settlements.thanks in advance...
Gaurav Gautam
31 May 2013 at 23:50
I am a LIC agent and now i am selected in "Samvida sala shikshak varg 3 (MP)", so i want to know can i continue both job together or i have to leave LIC Agent job..Samvida sala shikshak varg 3 it is a MP govt Teacher job its not a permanent post but after completing 3 year i will get permanent
please give your suggestion
Santosh Nair
31 May 2013 at 13:02
Dear Sir
I joined a MNC company in June 2007 which was taken over by another MNC in 2009. I resigned in Aug' 2011.
I downloaded my e passbook which shows entry only from March 2008 to October 2008. My monthly average deduction of Rs 900. Does have a Opening balance of Rs 7700.
Our new company E pass book entry shows from April 2009 with a opening balance.
These opening balance I am not aware how it's arrived at and secondly is it normal to have payment holidays as in my case. From June 2007 to Feb 2008 and then Sept' 2008 to March 2009). My monthly average deduction in new company was around Rs 1100.
I approached the new company and was informed that since my previous company has not transferred the PF I need to coordinate with them for claim with my query regarding payment holding remain unanswered.
Could you please advise me on this case.
Thanks
sandeep mathur
31 May 2013 at 12:35
Dtae 27th May 2013
To,
SCM Inventure Pvt Ltd.
5&6 Amrut Siddhi CHS LTD,
Panch pakhadi, Thane (W),
Mumbai – 400602,
Kind Attn : Mr.Husein
CC : Mr.Parkesh Khatri – MD, SCM Inventure
Sub : Replay to Show Cause Notice dated 21st May 2013 issued through Mail by Mr. Husein husein.sariya@scminventure.in of SCM Inventure Pvt Ltd Mumbai to my self (Sandeep Mathur) msandeep1970@hotmail.com was employee of Scm Inventure Pvt Ltd Delhi as Manager Logistics North India till dated 18th May 2013.
Dear Mr.Husein,
This is with reference to the above referred Show Cause Notice dated 21st May 2013 issued by Mail Of Mr. Husein email id husein.sariya@scminventure.in of SCM Inventure Pvt Ltd Mumbai to my self (Sandeep Mathur) email id msandeep1970@hotmail.com was employee of SCM Inventure Pvt Ltd Delhi as Manager Logistics North India till dated 18th May 2013.
The following allegation are discernable from the Show Cause Notice :
Show Cause Notice
Reference to the offer letter issued to you and subsequent acceptance by you ; explain why action should not be initiated on you for the following
1)Non submission of required documents (resignation and relieving letter of last employer, last salary drawn evidence)for completion of employment process
2)Non adherence of office time
3)Non attending office since 4 May 2013
4)Unauthorised correspondence with company’s agents, client & employees
5)Possessing of company asset
6)Collecting and holding company monies from the client illegally
7)Non performance based on agreed terms of offer
It is our suggestion that you forthright surrender the company asset within 24 hours of receipt of this mail to avoid legal action. The matter will be filled in Mumbai jurisdiction and you are requested to be present as an individual or through your representative at Mumbai Thane court.
Reference to the offer letter issued to you and subsequent acceptance by you ; explain why action should not be initiated on you for the following
Our reply of each of these allegation is as follows :
1. Therefore No above mention particulars has been demanded by HR or Management till 9th May 2013 and therefore no appointment letter was issued dated 9th May 2013 to my self (Sandeep Mathur).
2) There is no non adherence of office timings and as evidence copy of attendees register attached, However my self (Sandeep Mathur) was reporting the office at 10 AM as per the office timings(i.e.10 AM to 6 PM) on all working days and if at all directly visits to customer it was duly informed to MD of the company Mr.Parkesh Khatri during my tenure in your organisation i.e. 9th May 2013.
3) However my self (Sandeep mathur) attended office dated 9th May and i had sent mail from my official email id sandeep.mathur@inventure.in to Company MD Mr.parkesh Khari on his official email id md@scminventure.in to inform about puja and of opening of new registered office of SC Inventure Delhi at FLAT NO 405 & 406 GOVERDHAN HOUSE 53/54, NEHRU PLACE, DELHI 110019.
For ready reference :
----------------------------------------------------------------------------------------------------
From: Sandeep Mathur [mailto:sandeep.mathur@scminventure.in]
Sent: Monday, May 06, 2013 1:27 PM
To: 'INFO'; 'Prakash Khatri'
Cc: 'husein.sariya@scminventure.in'; 'acounts@scminventure.in'; 'Suryakant Panda'; 'Kailash Singh'; 'SCM CS'; 'amitvijjan@gmail.com'; 'Rashmi Suresh'; 'S.H.Haider'
Subject: SCM DELHI OFFICE ADDRES
Dear All
Pls note SCM Delhi office Full style :
SCM INVENTURE PVT LTD
FLAT NO 405 – 406,
GOVERDHAN HOUSE – 53,54,
NEHRU PLACE,
NEW DELHI - 110019
Pls note we have Small Ganesha Pooja for office opening by tomorrow morning and we will be start working officially from this office tomorrow onwards (7th May 2013).
Shortly we will advise our Land Line Tel-phone Nos.
Warm Regards
Sandeep Mathur
Manager - Logistics ( North India)
M: +91 9958187010, 08826180101
E: sandeep.mathur@scminventure.in
Skype : Sandeep_mathur_7
W: www.scminventure.in
For ready reference :
However in your allegation I attended office only till 4th May 2013 is wrong and baseless where is you had confirmed in your mail dated 15th May that my self (Sandeep Mathur) had attended office opening pooja as on 8th May 2013 and my self (sandeep Mathur) was informed this to MD of company Mr.Parkesh Khatri as on th May 2013.
For ready reference :
“On 8th May you communicate with Mr Prakash about office Pooja but after that till 13th May you never inform anything about your presence in SCMI –Delhi office .”
4) It was noticed my official email id sandeep.mathur@scminventure.in was blocked as on 9th May by 6 PM without any information reason best known to the company. Therefore my self had sent a mail to Italy Overseas agent from my personal email ID on behalf of the customer, as he was pressurising me for the status of the shipment as per information was received from the customer’s consignee that shipment had been put on hold at destination till further instruction, since mail for holding of shipment delivery has been sent through Delhi office from CS Dept e mail id cs.del@scminventure.in. where is as per trade norms SCM Inventure and his overseas agent cannot hold the release of shipment delivery if the consignee is holding a FREIGHT PREPAID B/L.
For ready reference :
_________________________________________________________
Da: SCM CS [mailto:cs.del@scminventure.in]
Inviato: lunedì 29 aprile 2013 9.48
A: 'Alessandra Avallone'
Cc: ops.del@scminventure.in; sandeep.mathur@scminventure.in
Oggetto: RE: EXPORT SHIPMENT EX DELHI/INDIA TO NAPLES/ITALY - c/YASARONE SAS
ROMA
Dear Ms. Avallone,
Also please check with us before releasing delivery order to consignee.
Do not release cargo/delivery order without our confirmation.
Brgds
Shweta Awasthi
However no other mail was sent to SCM Inventure employees.
5) We may point out that “NO ASSET’s” is in my possession and no ‘ASSET” was issued to my self (Sandeep Mathur ) during my tenure till dated 9th May 2013 by the company SCM Inventure.
6) Therefore this allegation is illegal and unethical Since all payment was issued in favor of SCM inventure by customer so there is no question of holding any company payment with self (Sandeep Mathur).
We may also inform you that customer has been paid payment directly to SCM Inventur as per debit note issued by SCM Inventure to customer and customer deposited payment in the bank account of SCM Inventur as on 20th May 2013 through their bank account and this confirmation was already sent through mail to SCM inventure Delhi office OPS Dept.
For ready reference:
----------------------------------------------------------------------------------------------------
dear kailesh je
your account 00267472 is debited rs.103500.00 0n 20/5/2013 a/c info :AXISF13140000169 - SCM INVENTURE by mt customer umestky overseas.
Therefore point stands irrelevant and baseless collecting / holding of company’s money illegally.
7) Moreover no performance /KPI was agreed till dated 9th May so there is no question of performance based as per terms of offer.
In view of the above, The show cause Notice issued may be recalled notwithstanding the above allegation which would be in the interest of both (Sandeep Mathur and SCM Inventure).
Presuming that I will go legal is your prerogative but for me it is the last option in my mind as these things are frowned upon as unethical in the trade as is non settlement of my accounts. I wish to again appeal to you to kindly settle my accounts at the earliest It is also requested that pls send my dues payment of salary, fuel and cell expenses from date of joining 15th Apr 2013 to date of resignation 18th May 2013 of Rs.106666.00 upon receiving of this reply within 24 hovers along with interest on late payment till date of payment and compensation for 1 months salary and reliving latter along with NOC.
Since my joining was in Delhi office hence jurisdiction matter can only by file at Delhi court and more over for the office assets we have already clarified in point no 5.
Thanking you,
Your faithfully,
Sandeep Mathur
Cell No 9958187010,
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