Anonymous
27 October 2010 at 17:53
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.
Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?
Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?
Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"
Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.
Kindly reply quoting case laws , if any as regards non admissibility of Affidavits in a Departmental Inquiry .
Anonymous
27 October 2010 at 08:56
Hello,
An organisation recruited a candidate on contract for 3 years. The appointment letter stated the pay scale as follows: 21000 - 1050 - 27500 etc. However, after teh first year of his appointment, the company failed to pay him accordingly and whatever got added to his salary as increment never got added to his basic pay. The normal practice is to add the 1050 to basic which makes it 22050. This is vital since all allowances are computed as a percentage of basic. Can the company do so? is it not against what is promised in the contract? what action is possible?
VIJAY K. TEOTIA
26 October 2010 at 20:47
One employee has been terminated from his services. he submitted Form 31 for partial withdrawal from his account, which is supposed to be for final withdrawal. and the reason cited is "illegal termination". can ex employee mention such reason for withdrawal of advance. is he right to submit form 31. can the company refuse to sign wrong form.
Anonymous
26 October 2010 at 19:54
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.
Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?
Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?
Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"
Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.
Kindly reply quoting case laws , if any.
roshni.justin@yahoo.com
Anonymous
25 October 2010 at 18:14
My father expired in the month of Sep2009, he was working with a Punjab Govt Dept. From some resources i came to know that there is a component called HRA Allowance (paid for 12 months )which is paid to the family of deceased if deceased and his/her family is residing in the rented house. I marked a letter along with a copy stating that rule(picked from Rules book, Punjab Govt.) to my father's Dept. but till date i have not been paid with this amount or not even the dept. has reverted me for that letter.
Kindly guide if there has been any such rule of paying 12 month HRA to the family of deceased if they are residing in a rented house.If yes, how can i fight for that.
Anonymous
25 October 2010 at 14:55
Hi. My query- Is a person who has resigned during her probation period, eligible to payment of bonus act, could you please guide me as to which section says so.
I am not sure if anyone has earlier asked this question. I have searched for an answer. Failing to get an answer I am asking this question. Apologies to the experts, if they have to answer my question, which they might find it repetitive.
I hope to my experts will help me in this.
Thank you to all and god bless.
Anonymous
25 October 2010 at 12:20
Sir, I had served with one of the Public Limited Co. for 3.5 Years. At the time of my appointment, they had put the condition in my appointment letter for three years bond period and in that too three months notice period before resignation. I had comleted three years bond period. But on getting a better opportunity, I resigned the Co. without completing three months notice period and I have not been paid my dues by the company. I need your opinion that :-
1. What the conditions in which three months notice period is applicable to an employee.
2. I was just a Stenographer.
3. I resigned from the Co. without serving three months notice period. They had already deducted Security Deposit from my salary started immediately my joinging month for one year and not yet paid to me.
4. Bonus also not yet been paid.
5. Encashment of my balance leave is also pending with them.
Can an employer insert three months notice period in a three years bond letter?
I request you to kindly advice your opinion that is there any possibility under which I can get my all dues paid to me. What legal action a company can initiate against the left over employee in such case? I shall be very thankful to you for providing me your valuable opinions and rules etc.
With regards.
Anonymous
25 October 2010 at 11:35
ex service personnel has been provided cash less medical facility from pvt hospitals by recent order.
now as the medical benifit is already available to them is esi contribution will also be complosury for them
P.ESAKKIMUTHU
24 October 2010 at 21:37
I was informed that there is a judgment of SC that resignation amounts to retirement for the purpose of computing pension.Can anyone quote such decision
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gratutiy judgement
sit.
please give me one judgement , that shows gratuity should be calculate on consolidate amount , which received by the employee.
thanking you