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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   02 December 2011 at 10:24

Service bond breakage

Hi
My question is, I am a civil Engineer & I was joined a private Infrastructure company as a fresher through college campus. When I joined the company, I signed a servive agreement bond for 4 years which says if I leave the company before that i have to pay2,00,000/-. Out of 48 months of service I served for 33 months & though I am a Lady bcoz of marriage reason I left the organization. Before leaving the organization I gave a resignation & served 1 month of notice period as per company nerms & handed over all my duties. I have my educational certificates with the company. The company neither NASCOM registered nor ISO certified company. In this case can the company take any legal action against me? If the company can do this do I need to pay the Bond Breakage amount? Please reply soon, its urgent.

Harshad   01 December 2011 at 20:35

Gpf advance

Sir, I would like to know whether employee can apply for grant of GPF Advance for meeting expenses of his cousin sister's marriage under GPF Rule 12(1)(c). If yes then its ok and if no then could you please let me know the relevant section or rule under which he can apply ? Please its urgent.

tapan chakrabarty   01 December 2011 at 18:59

Speaking in media regarding corruption in his deptt.

i'm an employee of west bengal forest deptt.i've substantial documentary evidence of corruption with me. can i Speak to electronic media about corruption of my deptt?
what Legal Action my deptt can take for such activity?
( i have already lodged complaint openly to my deptt & to state vigilance commission & enquiry in progress for 18 months.but i do not hope much from this enquiries because in our state vigilance is a toothless organisation & deptt always successfully covers the scams).
(vigilance already chargesheeted an officer with strong evidences but i know MIC will save him).

Anonymous   01 December 2011 at 16:58

Contractual appointement

Sir,
I am working with a autonomous organisation of Govt. of India on contractual appointment with a consolidated salary since last 3 years.
I am getting a letter from the organisation for an appointment for 89 day after 1 day break another one since last 3 years

Am i liable to claim for a regular appointment for the same post. Because i am having all the required degree and experience for the same post.
If yes what is the procedure?

Please reply me.

PBS KUMAR   01 December 2011 at 16:33

Reduction of basics while preparign increments

Dear EXPERTS,

Is it permissible if an employees BASIC salary reduced while formulating the increments ? If it is unavoidable situation, is there any case law not to reduces the current Basic salary ?

Regards,

PBS KUMAR

Anonymous   01 December 2011 at 16:26

P.f. withdrawl

If someone had left any organisation himself & don't have withdraw his P.F. Kindly guide, can he apply & withdraw his P.F. amount after 1.5 years?
Is it compelsory to apply through existing organisation only?

Ashok kumar singh   01 December 2011 at 16:12

Suspension

Tranfer order was received but the releiving order was not given by the immediate officer. whether suspension may be justifiable ?

sukhpal singh   01 December 2011 at 12:06

Suspension

Employee has been suspended for misappropriation of funds and the department has given its complaint for investigation to police. In the complaint the department has made many other employees as accused for negligence. The police investigation is still on.
Sir,
1. Can the suspended employee take up the matter that the other employees in complaint are not suspended, why he?
2. How could he take up the copy of complaint from the Police or Department.
3. He was suspended on 7th Oct 2011, What should he do for the revocation of Suspension. This case is from LIC of India.
4. Moreover the employee at present is not posted at the Branch where the Misappropriation has occur.

Anonymous   01 December 2011 at 00:03

Judgments on cvc advice

Dear Sir,

Mine is a vigilance case wherein a Scale IV officer, a Scale I officer and two clerical staff were said to have got involved. The case was referred to CVC and the details are as under:

1. The PSU bank sought the first stage advice on account of officers only and the CVC had advised for initiation of major penalty proceedings against those officers only.

2. Though this is a composite case, the PSU Bank appointed different DAs, for every cadre, for conducting the disciplinary proceedings by not adhering the guidelines provided in para 10.2 of Special Chapter on Vigilance Management in Public Sector Banks.

3. At the time seeking second stage advice the PSU Bank included the names of the clerical staff also and the punishment proposed to be awarded by the DA is "reduction of basic pay by 3/5 stages with cumulative effect".

4.Though the first stage advice was not sought on account the clerical staff and though the case was not treated as a composite case as per the extant guidelines of the commission, the CVC rendered its second stage advice to impose the penalty of 'Dismissal'for all the four members.

5. The submissions made by the bank for reconsideration and to impose the penaly as proposed by the DA earlier was declined by the commission.

6.The PSU Bank passed original orders of Dismissal to Scale I officer and two clerical staff only whereas on account of the Scale IV, the CMD submitted another reconsideration request and the CVC had also considered to impose the penalty of "reduction of pay by three stages".

7. The dismissed members submitted appeal and the appellate authority also confirmed the punishment already proposed by the DA for seeking second stage advice viz.reduction of basic pay by 5 stages with cumulative effect.

8. The PSU submitted the punishment proposed by the appellate authority and the commission declined the proposal and advised imposition of a stiff major penalty to those three members.

Thus a Scale IV officer was given a lesser punishment and the members who were worked under his instructions/control were awarded with major penalty of "Dismissal".

The entire things were performed by the bank at the back of the members and no documents pertaining to reference made to the commission were supplied to concerned members.I collected those documents from the PSU, CBI and CVC under RTI Act 2005.

I request the experts to kindly provide me the latest judgments available with regard to those anomalies mentioned above and light the life of suffered members of the PSU.

Anonymous   30 November 2011 at 20:30

Epf

ONE MEMBER HAS EXPIRED.HIS NOMINEE I.E WIFE USED TO GET PENSION.HISS SON WAS ALSO CO NOMINEE BUT NOW ABOVE 25 YEARS OF AGE.THE 1ST. NIMINEE EXPIRED.NOW WHAT WILL BE THE FATE OF EPS?WHO CAN GET IT???