Vasudevan
25 February 2019 at 19:03
This is continuation of my earlier query. I had been made compulsorily retired from service in Jan 2017 and subsequently convicted in criminal proceedings in Jun 2017. I have not been paid with any pension or gratuity till date. Recently I got a show cause notice from the Competent Authority why my pension not to be withheld forty percent for a period of seven years. I had replied for the same. In the order of Compulsory Retirement, there is no mention on the quantum of pension. However, in the show cause notice, they had mentioned the conviction order of the criminal court. I had not been paid provisional pension as required under Rule 69 of CCS Pension. Now I am thinking of filing a case before CAT bench for release of provisional pension. Whether they can now increase the limit of 40 percent adversely against me. Whether the Disciplinary Authority can now pass an order under Rule 40 of CCS Pension based on the Compulsory Retirement order. Please give your opinion. Thanks in advance to all the Learned Experts.
suneetha Jain
25 February 2019 at 12:11
Sir, I have filed a case in high court against a Bank for illegal termination in 2018. But, till now, the Bank has not filed Counter. Now, What should I do to settle the case at the earliest??
RAJESH CHOPRA
24 February 2019 at 20:54
Dear Sir's
I need a good service matters expert (especially in Pvt Sector Bank Services) to handle a case in Uttar Pradesh . The jurisdiction would be Noida , Meerut , Lucknow or Allahabad (if matter filed directly in HC)
Please suggest
Thanks
Anonymous
24 February 2019 at 20:50
Can State commission form it's own eligibility for becoming eligible for a post by picking some part from state policy (sports) and reject others (who are in sports policy)
In short:
*State uploads advertisement for judicial posts
* Give 3 seats to ESP (eligible sports person)
* Shows only Grade A and Grade B gradation certificate conditions by referring State sports policy
* But state sports policy includes Grade C and Grade D persons and as per definition of ESP in state policy all (A B C D) are ESP
*As per definition C and D grade persons are ESP but as per Advertisement they are not eligible because in advertisement it is not shown
*Now whether state can only allow A and B grade persons to be eligible on the other hand no where in Advertisement it is written that C and D grade persons are not eligible
Anonymous
23 February 2019 at 14:36
Is Civil Judge (Junior Division) in the cadre of Haryana Civil
Service (Judicial Branch) a Group A post?
Anonymous
23 February 2019 at 07:36
I am a Group A officer. I was being released for deputation but vigilance clearance has been with held after receipt of a letter from previous department where I was on deputation, saying that a case for minor panelty has been recommended to CVC for first stage advice. What can I do?
Anonymous
23 February 2019 at 02:43
Sir in judicial posts
Advertisement comes with 3 posts for ESP I.e Eligible sports person
Eligibility as per definition of ESP was sports person to be played at national level for state and Sports Gradation of Grade A and Grade B is shown in advertisement by saying that it comes under state policy of 2018
But the policy of 2018 has 4 grades A B C D( All grades level on decreased order I.e Olympics (A) to National school games (D) )
In the advertisement the eligible sports tournaments shown in 9 categories deals with Grade A and B
But in the state sports policy there are 13 categories ....9 to 13 deal with grade C and D which was not shown in advertisement
Also the sports policy says Grade A person can apply for Group A posts but Grade B can only apply for posts other than Group A
Now a person who is ESP as per definition of ESP having Grade D is not eligible for appearing in main exam by saying that your gradation is not as per advertisement I.e where C and D are not discussed
Note: No where in Advertisement it is written that Grade A and Grade B are allowed
No where in Advertisement it is written Grade C and Grade D are not allowed
It is mere presumption that A and B are allowed because Grade A and B are discussed in advertisement and only 9 categories of sports are discussed which only deals with Grade A and B
...
...
Now is not this discrimination with Grade C and D candidates who are not eligible but Grade B is allowed for ESP
And whether advertisement for recruitment in judicial posts can surpass the sports policy as the facts itself shows that by allowing Grade B eligible for Group A posts along with Grade A is pic and choose from the sports policy ( Also 9 categories of sports tournaments shown and only Grade A and B is discussed besides the fact that there are 13 categories and grade C and D are also there)
Whether the state can form there own eligibility for ESP by getting some part from the state sports policy And ignore the other
S.B.adil rahman
21 February 2019 at 22:07
I am engaged as a Defence Assistant for the delinquent in a departmental proceeding which is 2 years old. There are two prosecution witnesses. Out of which one officer in the rank of Assistant Commissioner of Police had denied any knowledge about the charges brought against my clients. The prime Prosecution Witness is an IPS officer whose posting is about 70 km away from Kolkata as S.P of particular district. When the said IPS officer was posted in Kolkata, the Enquiring Officer did not examine him as the prime prosecution witness no.1. The venue of alleged misconduct is Kolkata where the cause of action arose and is being inquired into by the E.O in Kolkata. Though the prosecution witness i.e. IPS officer visits Kolkata twice in a week but he is reluctant to face the inquiry and cross examination. The Disciplinary Authority was informed of his reluctance, when the Disciplinary Authority ordered the Enquiring Officer to change the venue of departmental proceeding from Kolkata to the place of posting of the IPS officer and examine/cross examine him in his SP office in a different town. In the meantime without knowledge of the delinquent or his defense assistant the E.O surreptitiously went to the office of the IPS officer to his town and examined him in absence of the delinquent and his Defence Assistant. The S.P has told to the Enquiring Officer to issue notice to the delinquent for going to the town where he is posted on a particular date. E.O has also not provided the copy of the examination in chief of the said IPS officer. I had sent a representation to the Enquiring Officer requesting him to use his power by issuing notice to the prosecution witness(I.P.S officer) under section 4 The Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents)Act 1973 (West Bengal Act XXIV of 1973 but the Enquiring Officer is so much terrified that instead of using his power, he has issued the notice to the delinquent to come to the office of the said SP for inquiry. I have protested in writing and personally believe that in this departmental proceeding the IPS officer on whose report the proceeding had been started with the help of his counterpart in Kolkata who is the Disciplinary Authority, wants to create a psychological pressure on the delinquent. Moreover, neither the department will provide any vehicle for to and from journey of the delinquent nor will give any Travelling Allowance to him. I would like to ask to my learned friends that when the cause of action has arisen in Kolkata and half departmental inquiry has taken place in Kolkata, then what is the legality of the notice issued to the delinquent ordering him to appear in the office of SP(erstwhile DCP in Kolkata)? Kindly guide or advice me as to what should be my role as an advocate/defence assistant of the delinquent? Can anyone provide me the rulings of courts in this regard. What should be an course of action and whether it should be placed in writing before the Disciplinary Authority of the delinquent(Who is directing the E.O from behind the curtain to take the venue to other city for holding inquiry) or should approach the Applicant Authority for his orders with request to change the E.O or issue direction upon the prime witness no.1 i.e. IPS officer.
Anonymous
21 February 2019 at 16:06
Dear Sir,
I did not received the last 45 day Salary, and also last 4 months Offshore allowances, So I made the Resigned the Company, & stop to going Office, and not serve the Notice period, Now can Company take any Actions on me,,,?
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Inputs required to file workmen compensation case
Hello everyone,
Can anyone help me on the below case process details please..
1. How much Workmen Compensation an injured person can get for partial disability (Age : 40 years, Working as Driver for APSRTC, Monthly salary 30K, already in service of 6 years and the balance service period is 18 Years).
2. Jurisdiction to file workmen compensation case in rural area where labor court not existing. Can we file case anywhere in India in any labour court?
3. Where/how to claim Third Party accident claim for the above case? How much claim we can get? Any specific jurisdiction to file the case?
Thanks in advance for your kind suggestions..!!