MOHIT SANGTANI
09 October 2014 at 02:12
Sub: Mental torture by Shri Nitesh Rasiklal Kandoriya, Dy.Er., PGVCL-Sihore Town.
Ref : My Appointment dated 28.02.2014.
Respected Sir,
With due respect, it is humbly submitted that as per above orders I have resumed my duties as VS (Jr. Assistant) on 28.02.2014 at Sihor Town, PGVCL and since my resumption the attitude of my D.E. towards me is very bias and from time to time he is misbehaving with me even in alone situation aswell as in presence of staff and as and when I request for leave i.e. Casual leave for any casual or unavoidable circumstances he is denying in advance and after resumption of availing leave his attitude towards me is very bad. Every time he says me get out of office and go to Bhavnagar and meet Suptd. Er. PGVCL, Bhavnagar then only I will let you sign in the muster roll, while others are availing leave very softly. Every time he is saying that your services are not needed by PGVCL authorities it would be better to resign from your job otherwise I will not allow you to serve peacefully.
Moreover, he is abusing me and telling me that I have strong political connections and I will not allow you to serve more and will report adversely about you though I am performing my duties very sincerely and regularly which can be seen from my office records. Every time he is threatening me that I will write against you and will through you in remote area. He is also saying that since last 10 years I am serving in PGVCL and I know that you cannot be transferred but when I will spoil your record/ Annual confidential reports and will write against you every time then you will be thrown in remote area and that too I will try to send you on deputation and I will not let you to be permanent in PGVCL service.
Sir, when I request him to grant me leave every time he is not permitting me and so many times he has made my leave as leave without pay. Sir he is getting full salary and I am getting fix salary and it is impossible to run my day to day earning then also he is making leave without pay and he has no sympathy with high caste people and his mind is polluted. As per PGVCL’s rules I am informing to E.Urja online portal and inform to JE and also to the establishment section in person then also he is saying that you have not taken leave or permission and using philthy language. At last he has told me that nobody will save you and even MD Sh. Sandeep Kumar too. This is all on record.
Sir, Dy.Engineer Mr. Kandoriya is not extending cooperation with newly recruited staff but no chance is left by him to harass the fresh staff. My mother’s ill health compels me to visit Rajkot in holidays.
It is humbly requested to save me from his mental torture and misbehavior. Already I have tension of my mother’s illness, then after he is torturing me a lot. If anything is wrong with me all liability/responsibility will lie with Mr. Kandoriya who has harassed me a lot even in small span of my service. Sir, I am not a SSC candidate but I have passed BE-ECE with good percentages, then also his behavior with me is worst than peon.
Due to above problem I have met with Shri M.B.Jadeja, ED(Tech.) Rajkot and who in turn on telephone directed to Suptd. Er.-PGVCL-Bhavnagar to solve my problem who assured to do needful and I also informed this fact to SE-Bhavnagar but my problem is unsolved. Mr.Kandoriya, Dy. Engineer may be directed to use proper language with the staff.
Hope an early and favourable action will be taken from your kind honour.
Yours faithfully,
(Mohit.J. Sangtani)
VS-PGVCL,Sihor Town
SIR PLEASE ADVICE WHAT CAN I DO??
HE SENT ME FALSE SHOW CAUSE NOTICE AND CHART SHEET AND EXICTIVE ENGNEER ALSO HELP THEM
PLEASE REPLY AS SOON AS POSSIBLE
Madhu Goyal
08 October 2014 at 18:50
Dear Experts,
I was a Primary Teacher on regular basis in a private unaided school. I was dismissed from service on false charges in 2012. Then I challenged the termination order before Distt Session Judge by filing civil appeal as per judgment passed by SC in TMA Pai Foundation case. In the appeal , I also prayed to the court to direct the respondent school to give me back salary since date of my appointment as per CBSE Bye Laws according to which I was entitled to be paid salary and other allowances at par with state govt teachers but the school was paying me less salary.The court set aside termination order and directed the respondent school to reinstate me with full back wages with 8% simple interest along with continuity in service within one month of date of order.But the court did not pass any order wrt second prayer i.e back payment as per CBSE Bye Laws. Further when I apprached to the respondent school , the school authorities refused to reinstate me on the pretxt that they will move to High Court. I have filed CAVEAT in High Court. I am pleading my case in person with the valuable advices of experts like you.
My questions are as under :-
1. Can I file fresh civil suit in lower court for back payment since date of appointment to till date ? Will the appeal filed as stated above affect filing fresh suit in the lower court ? Here it is pertinent to mention here that as per judgment of SC in TMA Pai Foundation case , SC has held that in states where there is no educational tribunal , an employee of private unaided school can file appeal before Distt Session Judge against the penalty of dismissal.
2. As the respondent school is not obeying court order wilfully, then should I file execution application or contempt of court petition or both ? In which court should I file execution application or contempt of court petition and under which sections of the concerned act ?
3. In case , if the school has filed CWP prior to filing my CAVEAT, will court grant me opportunity to hear me while deciding the writ filed by the school ?
4. What other remedies can school obtain to stop me from reinstatement ?
5. What kind of prayer should I do while filing execution beside prayer for implementation of court order ? Should I pray for imprisionment of faulty respondents ?
6. Can I file Execution and Contempt Petition simulateously ?
Kindly advise me so that I may draft the appeal accordingly.
Regards
Madhu Goyal
shrikant
08 October 2014 at 17:06
In Diciplinary action fine imposed of rs 50000 employee challanges the order to Industrial court, Hon'ble court granted status quo .The employee will retires on 31/10/2014 can department retain the Punishment amount till disposal of case ,whether there will any contempt?Please reply immidiately
PRASHANT GAUR
08 October 2014 at 13:59
Dear Sir i joined a company on 05.01.2010 and if i leave this company on 08.10.2014 then may i get gratuity? pls advise. urgent.
thanks
Harsh Maheshwari
07 October 2014 at 18:39
Dear Sir\Madam,
I need your advice for one of my friend case. She is working as software professional in a company called Quest in Bangalore. She had worked there only around 2 months. Currently she is posted on client location. Now she had put paper.
Problem is her quest manager is not giving her proper response whenever she communicate with him.
Here are some data point's:
1. She put the paper around 1 month ago and her manager didn't informed the client after that.
2. She send so many emails ( around 8-9) to her manager but he did not replied even single.
3. Whenever she contact to her manager over phone this guy did not respond properly and start shouting. Also threat her to fire.
4. When she asked to him for release ASAP. This guy didn't came back.
Now situation is became like this, her manager started allegation on her that she had communicated her resignation news to client.
Which is not true as per their conversation.
Note - She having all conversation mail chain with her.
Could you please suggest what next step we should perform?
Thanks,
Harsh
manju
07 October 2014 at 07:31
Sir,
I am Graduate Engineer Trainee in L&T construction of 2014 batch. They have taken undertaking and Guarantee of 2 lacks for 2 year. Now I have completed 3rd months. They have not mentioned about working hours in the bond. now They are making me work 12 hours per day( some times more than that). Because of such a worst working culture, I don't have personal life and feeling mentally depressed. Now I have decided to leave job. but I am afraid of BOND. please help me out legally to make my future better.
Devesh Yadav
06 October 2014 at 20:12
Dear Counsels,
I was working as teacher in a private unaided private school affiliated to CBSE since 1994 on regular basis. I was suspended on 22.07.2010 on false charges and later on I was terminated from service on 09.05.12. I moved to Punjab and Haryana High Court Chandigarh to get the termination order quashed but High Court directed the appellant to file appeal to Distt Session Judge /Addl Session judge as there is no Educational Tribunal . The court quoted judgement of apex court in TMA Pai Foundation Vs State of Karnatka 2002(8) SCC 481. Consequently I filed appeal to Additional Distt and Session Judge (ADJ) and ADJ set aside the termination order directing the respondent school to reinstate me and pay full back wages within one month of . Here I tell you that I myself appeared in person before the court and I argued in person before the court . The respondent school disobeyed the court directions willfuly and refused orally to reinstate me . The respondent school has not got any relief from high court to stay the order passed by ADJ.
My question -Can I file execution or Contempt of Court Petition or both -execution as well as Contempt of Court Petitionagainst the respondents for not obeying the court order and before which court -either the court who passed order or before High Court ?
Under which section of Contempt of Court Act 1971, I wiIl have to file Contempt petition before trial court? I have gone through minutely provisions in Contempt of Court Act 1971 but could not find relevant section under which I may file contempt petinition before trial court.Kindly advise me so that I may get relief.
,
ravindrakumar
06 October 2014 at 01:12
Hi Experts,
I have bought Akash Tablet last year but due to some techical issue i submitted it to cervice center and i recieved it after 15 days but again some issue occures in Tab so i resubmitted it to Service center and i recieved it after more than months but the same issue was there and i resubmitted it again but till now 4 months are passed but i havent recieved my device after making email communication datwind call me and said there is Motherboard problem we need to replace your deveice but we dont have same model so we are provideidng you upgrated model and for that you need to pay extra 2500Rs ,
for all this i have all the service center recipt but my Purchase bill is dammaged in such a way that in can show all the details but invoice no is not copletely present(it is dammaged).
Kindly advice with all this document is it possible to apaproach Honable Consumer Forum or my dammaged Invoice will create any issue for me.
Thanks In Advance.
Ravindra.
P.C. Joshi
05 October 2014 at 20:18
Dear Friends,
If an establishment transfers its head office from one state to another state but the registered office remains in the same state.Is it mandatory to get registration (new or transfer) in new state for PF/ESI or state shop & establishment registration.
Can anyone please share their views.
Thanks & regards
P.c. Joshi
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Promotion under sealed cover contradictarty to dopt guidelines.
1. Last promotion received (A to B Grade) Apr-2004
2. Case Period (Supplies to the customers) During 2004-05 (last supplies in Dec' 04)
3. B to C grade promotion under sealed cover (learnt) in Apr-2008
4. Charge-sheet issued on 04.10.12
5. Departmental Inquiry hearing proceedings (6 sittings) during Dec'12 to Jul'13
6.Final order on disciplinary case for “Censure Punishment” dated 19.09.2014 and acknowledged on 07.10.2014
DoPT OM ref. No. 22012/1/99-Estt(A) dated 14.09.1992 and subsequent clarifications says that promotion can not be restricted in sealed cover unless:
(i) Government servants under suspension.
(ii) Government servants in respect of whom a Charge-sheet has been issued and disciplinary proceeding are pending.
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.
Can I fight in court for my promotion as DoPT guidelines not followed in my case.
What is the likely time period in which result can be expected?