neeru
24 May 2015 at 17:18
Dear Sir,
I have retired as General Manager from Small Industries Development Bank of India in August 2010. The issue for which I seek expert advice is as under.
During 1990-95 I was posted in Delhi as Deputy Manager which was a medium level management post. I was dealing with Bank's Bill Discounting scheme besides all other work. Three accounts defaulted in 1995 and as a result I was shifted from the Department and thereafter transfered to Lucknow. Somewhere, in 1996-1997 CBI investigated these accounts . [(The accounts were Mideast India Ltd and Mesco Phermaceuticals Ltd. beloging to Ms Rita singh and one Asian Consolidated Industries Ltd.) In respect of Mideast and Mesco, CBI I filed chargesheet wherein i alongwith two other officers of the Bank are named accused. The case is being contested by me. This is only for your information and is not the subject matter of this query.)].
In October 2000 Bank issued 3 letters in respect of the above three companies seeking my clarification which I duly submitted. In January 2002, Bank issued one consolidated chargesheet consisting of 17 charges which had sub charges etc.
The inquiry was conducted by CVC appointed Inquiry Officer which was concluded in November 2002. Somewhere in 2004 I was given a copy of the IO's report wherein 14 out of 17 charges were proved and 3 charges were partly proved. I was asked to submit my comments on the report which I duly submitted within the given time. Thereafter, on 24/5/2005 I was advised by a letter from an officer of HR Dept. junior to me that DA has inflected the punishment of lowering of rank w.e.f. from 18/5/2005 and that it has been made effective from the same date. Aggrieved, I made an appeal to the appellate authority which is Board of Directors of the Bank in September 2005.
In August 2007 I was advised through a letter dated 8/8/2007 that the appellate authority has decided to restrict the punishment period to two years and thereafter I was to be restored the my original Designation of General Manager. Accordingly, I was again elevated to GM's post and financial dues were paid w.e.f 18/5/2007.
The letter further stated that the Board has directed the Bank to provide me with a copy of orders passed by Disciplinary Authority. Bank therefore provided me with a copy of two orders passed by Disciplinary Authority. Second was the successor of first DA after his retirement. It was for the first time that I came to know that Bank has been seeking advice from CVC in the matter. Also that while first DA has proposed stopping of three increments for two years as punishment but after obtaining second stage advice from CVC, the second DA has changed it to lowering of grade for indefinite period. I consulted a few advocates and filled a writ No WP(C)5208/2008 on following grounds.
There was a delay of around 7 years in issuing the charge sheet.
In terms of regulation 46(2) of SIDBI staff Regulations no punishment can be inflicted unless signed by CMD in respect of officer of Grade B and above. (I may add here that I was Grade E officer since 1998). I was only advised through a letter signed by an officer junior to me of the punishment and copy of the orders passed by DA were never provided to me before inflicting the punishment. In fact those were provided alongwith the appellate authority's order.
Relevant portion of the writ is attached for your perusal.
Submission to the Hon'ble High Court was made in person. In fact at the advice of Hon'ble judge, written submissions were filed. AThe same are also enclosed for your information.
The writ was dismissed and the order is posted at http://lobis.nic.in/dhc/VJM/judgement/12-05-2015/VJM07052015CW52082008.pdf
Whatever I have understood the order is defective in so many ways. there are issues which have not been considered or discussed. The issues which are discussed were not properly adressed. These are as under :
The charge sheet was modified at the instance of Inquiry officer and the original charge sheet was only for negligence whereas the second chargesheet included misconduct. My argument was that CVC jurisdiction comes only when there is a charge of curreption. Since there was no charge of corruption in the Charge sheet in Regulation 46(6) of SIDBI regulation. Similar rule is there for Govt. employees and psus and public sector Banks. I refered to case of Nagraj Karjagi v/s syndicate Bank. Therefore my contention was that Neither it was required to have an IO from CVC nor there was need for CVC first or second stage advice. However the interpetation of the judge is different (Para 6). Similarly, on CVC issue the judgement says that there was no provision for consulting CVC etc. but it was not my contention. Rule 46(6) provide for consultation with CVC in respect of charges of corruption. But his interpretation is different and self contradictory.
Consulting CVC and not sharing its advice with the Charged officer is against the principal of natural justice (Para 10 and 11).
While Bank conceded for restoring the seniority, no direction has been given to effect the same. It effect not only my seniory, it involves backdated promotions etc.
Issues which are critical and have not been discussed in the Judgement
Copy of the two orders passed by DAs were not provided however, the punishment inflicted. Orders were provided much after the punishment was over and on the direction of appellate authority.
Copy of the CVC advice was not provided to me. CVC guidelines and D C Sharma V/s SBI and Nagraj Karjagi V/s Syndicate Bank case were highlighted.
Since there is a limit to one file only, i am enclosing my written submission to Delhi High Court which were submitted at the instance of Hon'ble Judge.
DKTAZILANOM9909
23 May 2015 at 23:22
Dear Sir,
We are working in a Public Sector Undertaking (PSU) in India. Our PSU management has fixed different bed entitlement in many hospitals depending upon the post (salary grade) of employees for medical treatment of employees. Many hospitals fixed different treatment cost (including surgery and others) for different bed costs. When employees get admitted in a hospital in higher bed rent (as bed is not available according to his entitlement in that hospital at that time) our PSU management has been deducting money from the employees depending on the difference on cost of medical treatment in higher bed and his normal bed entitlement.
My query is that as the employee is bound to be admitted in higher bed (as bed is not available according to his entitlement in that hospital at that time) can our PSU management deduct the additional cost of medical treatment due admission in higher bed? If yes/no, then why?
regards,
TAPAN
Member (Account Deleted)
22 May 2015 at 14:13
I work in Government Undertaking. Last year I was transferred to another division in office. It was an inter division transfer.
Recently I received an order from my earlier division stating that I need to complete my pending work which was left upon my transfer along with my present duties. Moreover to complete this extra work I need to visit saturday sunday.
It is also mentioned that my organization does not have any transfer & posting policy. Transfer are done on need basis.
My query is does this sort of orders backed by any rulings etc. Does any employee need to complete a task even after he/she got transferred. Please advice.
bhanwar
22 May 2015 at 12:24
I was terminated while i was admited in hospital. They sent me two warning letters by post at my home they were also received by parents. Since papers was in english they couldn't understand. When i was discharged from hospital my parents told me about these letters till that i was terminated and sent my termination letter to my home. In termination letter they said me to pay amount for both not serving notice period and dues pending. I paid them money in stipulated time. Now, they are refusing me to give me reliving letter and experience certificate. It has been more than two years but i still have to get experience and reliving letter. I also contacted them through e-mail numberould times but they in a very arbitrary way.
Karan Gaur
21 May 2015 at 16:38
An employee is paid Rs. 700 on daily basis for 12-13 days every month thereby monthly Rs. 13*700=9100/-.
Contention of the employee is that PF is not deductible and employee falls withing a category of excluded employee. (700*30 days = 21000 per month).
Now I want to know whether PF is to be deducted or not. Is the answer remains same if this continues for the whole year....
Employer wants to escape his liability of PF and designed a mechanism to escape his liability...
issacdasan
20 May 2015 at 22:57
respected sir my father worked as a assistant agri officer in chengalpet he was expired while he was in service in year 2005 my mother applied for that job but till now she doesnot deserve any job now she is 56years old,i applied for that job but agri director rejected my application,what can i do now?
K D
20 May 2015 at 13:40
Hi,
We want to start a online portal under which we are intented to provide services using the bidding process. it means user will post his requirment and service providers will bid there price for it. and after the bidding ends on predefined time,provider with the lowest bid will get the contract and user will pay online for the service.
is it leagal to run such bidding plaatform as per indian law ?
Kindly Advise.
-KD
archana
19 May 2015 at 13:39
Dear All,
I am working in a private Ltd company as an Sr Executive HR and i have got a job in Govt organisation who have asked me to join in 7 days.
I want to know if i resign from my current company and my employer doesnot accept my resignation which is usual in my company then can i join government orgnaisation without any relieving documents as i have not disclosed to them that i am working and it was not required also.
As per my appointment letter i need to serve 3 months notice period and if am not serving it i need to pay off 3 months salary.
Please advise if would face legal implications if i leave organisation whithout their acceptance.
Anil
19 May 2015 at 12:40
Dear sir,
If employee worked 300 or 200 days in a year what will be the days eligible for leave Encasement for both cases under shop & establishment act.
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