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Sudhir Ranjan   08 November 2015 at 16:03

Penalty

Query regarding Implementation of penalty-
1. I am an officer of ‘Indian Railway Service of Electrical Engineers’ recruited through Union Public Service Commission’s ‘Engineering Services Examination-1982’ held in Aug’1982. I joined the service on 27-02-1985 along with other officers of IRSEE-1982 Exam batch.
2. In 2002, a Memorandum of Charges’ (Major Penalty Charge Sheet – SF/5) was served to me.
3. The case was finalised in July 2005 when the Disciplinary Authority imposed the penalty vide his order dated 25-07-2005. The relevant paragraphs of the Order of D.A. are as below-
“ 13. In view of the above, I hold both the articles of charge proved against Shri Sudhir Ranjan and hold him responsible for serious misconduct mentioned above. Ends of justice will be met if a penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is imposed on Shri Sudhir Ranjan, SrDEE/TRD/Dhanbad, which I hereby do.
14. Accordingly, the penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is hereby imposed on the said Shri Sudhir Ranjan.”
4. An appeal against the above penalty order of DA was submitted by me on 26-09-2005 which was rejected by the Administration subsequently.
5. At the time of receiving the charge-sheet in late 2002, I was working as Sr Divisional Electrical Engineer at Dhanbad, in Selection Grade,i.e., in the grade 14300-18300 (5TH PC scales).
6. In 2004, promotion of officers of IRSEE (1982 Exam batch), to Senior Administrative Grade (SAG), were started. First officer of the batch was promoted to SAG on 21-05-2004. The officer just below me in the Seniority List of 1982 batch was promoted to SAG on 30-03-2005. However, I was not promoted due to the pending charge-sheet. Although I requested the administration to expedite the early finalisation of charge-sheet, it was not taken due care.
7. The charge-sheet was finalised on 25-07-2005. On implementation of penalty order dated 25-07-2005, my basic pay was reduced by 2 stages (i.e., by 2 increments) and frozen at that level.
8. After completion of penalty on 24-07-2007 , I was promoted to SAG on 03-08-2007. My pay was fixed at 18400/- in the scale 18400-22400, from 29-8-2007, when I actually joined as Chief Electrical General Engineer, at Bilaspur (CG)
9. I submitted a representation to Railway Administration stating that since the penalty was with non-cumulative effect, I should be given pay equal to my junior of original 1982 batch seniority list.
10. The Railway Administration replied that as per Railway Board Establishment Circular no.RBE 89/2005, such parity of pay will not be given to me, but my seniority will not be affected.
11. Upgradation of IRSEE 1982 Exam batch officers to Non-Functional HAG has been declared w.e.f. 29-07-2015. My name is not there in the list.
12. I have learnt through some reliable sources that my seniority has not been maintained at my original place with 1982 Exam batch, and has been reassigned with the batch whose promotion was in progress at the time I was promoted to SAG, i.e. , in Aug’2007.
13. This action has resulted in following additional implications, apart from my pay being reduced by 2 stages for 2 years ( which I would not have suffered, had this reduction not been there)–
(i) Less pay throughout, and smaller increments, right from the date of expiry of penalty, till date.
(ii) Loss of NF-HAG upgradation along with my juniors.
(iii) Expected delay in other career opportunities throughout my remaining service.
13. Is it correct implementation of a penalty with non-cumulative effect given by DA, as stated at para 3 ? Do I have any remedy ?



SUDHIR RANJAN

rishi   08 November 2015 at 14:19

Unspecified job

Hi,

I am working as a contractual Network Engineer for a MNC org in Bangalore.after 6 mnths of Job now employer asking to do field work, H/W installment & even a technician work. which are not matched with our job profile & not informed me at the time of joining so i refused to do this. now my parent company &
employer asking to give resignation without giving me notice period. I think it's not my mistake that they don't have any technical work for which they hired me. So please tell me how can i resolve this issue.

ravindra kumar   07 November 2015 at 19:08

Getting two pension

My relative was retired from irrigation uttarakhand and taking own pension as well as taking family pension after death of his wife who was died during her job period in education department uttar pradesh.it is possible to get both pension.

Bharat s karad   07 November 2015 at 18:01

about waiting list

Dear sir
What is the procedure for operating waiting list in govt sector job

ravindra kumar   07 November 2015 at 16:18

To stop own pension of someone's

Dear all experts,
It is possible to stop pension of someone's who has done corruptions during his service period and get imprison after retirement.

Govind Kumar Gupta   07 November 2015 at 10:56

leave without pay then gov. job

I am a prymary teacher. I want to joine Utter pradesh Police as a Sub inspector. I want to joine it in leave without pay in Primary teacher job

ASRUJ@aratrika   06 November 2015 at 16:09

Payment of salary

Dear Sir /S,

I earnestly look forward to have experts opinion on the following issues.

My brother is working in a proprietorship firm which used to pay salary by cheque but this (Oct)month they have decided to pay the salary by cash which will not be booked in the accounts as if salary is not paid for that particular month and accordingly there will be no statutory payments such as PF, PT, ESI will be deposited to the authorities. It is a rumor in that company that may be in the next month same procedure shall be followed because the profit percentage is dropping as required by Bank. My query is a) is it legal to stop deposit PF or ESI and if it is legal how many months they can do so. b) Will there be any crisis for treatment if any body becomes sick during that period. c) How and to what extend employees will be affected if PF not deposited few months. and d)Most important what are the steps can be taken to stop this sort of practice.

Anticipating an early response since the matter is very urgent.

Thanks & regards

Subrato   06 November 2015 at 15:32

Pending relieving letter and full & final salary payout

Hello,
I worked with a company Qsource Global Consulting (Bangalore based) as full time employee however i was working in their client location in Pune. I left the organisation on 10-Aug-2015. I had recieved initial resignation acceptance mail in which they had mentioned that i will receive my relieving letter and F&F around 25-Sep-15. However I didn't receive it. Although i received a mail in October from the company that by 12-Oct-15 i will receive final payout but they didn't process it. I sent them so many mails and tried to call them but they are not responding at all. its November now and my current employer is asking for relieving letter.

Please suggest what can be done. What is the process of filing case in labour law or is it expensive because i am not capable of spending too much for case. My F&F could be around 7-8K considering 10 days of salary and leave balances. Apart from that what i am in urgent need of is my Relieving letter. I am afraid this might lead to have problem in my current job. Please guide as I am pretty much worried

Anonymous   06 November 2015 at 01:15

Notice period waive off

Need help, I work for an It company. I was on 3 months paid maternity leave, as my baby was pre mature I had to extend my leave.I have asked the company to extend the leave for 5 months( without pay) but it was extended for 2 months. After 2 months I have requested the company to extend it further, but I am told that it is not possible to extend. As there was no one to look after my baby and I don't want to keep a 4 month old baby in cherche I choose to resign. I have been told that I have to either serve the 3 months notice period or had to pay 3 months gross salary which comes to 1.5 lacs. I can't afford to pay such a huge amount. I don't have any dependency, nor I have been allocated to any project can't the company waive off the notice period and relieve me immediately. Please help me on this Asap.

madhukar patil   05 November 2015 at 21:45

technical resignation

i have submitted technical resignation. i will have
to join on 16/11/15 for the post of asm railway.so
sir my parent department is india post. then i want
to know what matter should my parent dept.
mention in my releasing order. that is why i get
benifit of service count.