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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Amaresh Patel   20 December 2013 at 10:40

Chargesheet vide rule-14 of ccs(cca) 1965

DEAR SIR

IT IS A PUBLIC OFFICE AND IN THE INTEREST OF PUBLIC DURING THE PEAK RUSH TIME OF THE MONTH ONE SUPERVISOR DID NOT RELIEVE HIS SUBORDINATE THOUGH THE SUBORDINATE HAD BEEN GRANTED EARNED LEAVE WITH OFFICE ARRANGEMENT. PRIOR TO GRANT OF THE LEAVE THE DISCIPLINARY AUTHORITY HAD BEEN REQUESTED TO DEPUTE ONE HAND ON DEPUTATION TOE MANAGE THE OFFICE WORK. DESPITE THAT THE DISCIPLINARY AUTHORITY GRANTED THE LEAVE ON OFFICE ARRANGEMENT AND WITHOUT CALLING FOR ANY EXPLANATION SUSPENDED THE SUPERVISOR VIDE RULE 10 OF CCS(CCA) RULES 1965.

IS IT LEGAL ?

2. DURING THE PERIOD OF SUSPENSION THE SAID SUPERVISOR WAS CALLED FOR AN EXPLANATION WHY DIDN'T HE RELIEVE THE SUBORDINATE OFFICIAL IN REPLY OF WHICH THE SUPERVISOR WROTE LIKE THIS "The official could not be relieved due to accute shortage of hand at the peak time of business of the month, though he had been granted 6 days EL for his brother’s marriage. " AFTER RECEIVING THE AFORESAID EXPLANATION HE WAS REVOKED vide clause(C) of sub-rule(5) of Rule 10 of CCS(CCA) Rules 1965" . BUT IN WHICH GROUND HE WAS REINSTATED WAS NOT MENTIONED IN THAT MEMO.

QUERY : IN WHICH CASES ONE IS REVOKED ?

3. AFTER 9 MONTHS OF ISSUING ORDER OF SUSPENSION THE SUPERVISOR WAS CHARGESHEETED IN RULE-14 VIDE MISCONDUCT OF NOT CARRYING OUT THE ORDER.

QUERY : AFTER THE REVOCATION IS IT REQUIRED TO BEGIN RULE-14 ENQUIRY ?

4. IN REPLY OF THE CHARGESHEET THE SUPERVISOR REQUESTED TO SUPPLY THE COPIES OF LIST OF DOCUMENTS AND STATEMENT OF WITNESSES TO SUBMIT HIS DEFENCE STATEMENT BUT THE DISC. AUTHORITY DENIED THE SAME AND WROTE THAT THE SAME WILL BE PROVIDED AT THE TIME OF ENQUIRY. AGAIN THE SUPERVISOR WROTE LIKE THIS : "WITHOUT GOING THROUGH THE LIST OF DOCUMENTS AND STATEMENT OF WITNESSES HE IS UNABLE WHETHER HE ADMITS OR DENIES THE CHARGES AND HE IS ENTITLED TO GET THE SAME AT THAT STAGE"

QUERY : IS HE ENTITLED ACTUALLY TO RECEIVE THE AFORESAID DOCUMENTS AT THIS STAGE ?

5. AFTER A MONTH PASSED THE DISC. AUTHORITY HAS NEITHER SUPPLIED THE DOCUMENTS NOR STARTED THE ENQUIRY ?

QUERY : IS THERE ANY TIME LIMIT TO START THE ENQUIRY ?

WHAT OTHER STEPS HAS THE SUPERVISOR TO TAKE FOR HIS WELFARE ?

Leena Casper   19 December 2013 at 17:44

Minimum wages

Dear Members,

Please let me know the minimum wages for unskilled workers in Mumbai in Andheri.

Leena Casper   19 December 2013 at 17:34

Dual employment.

Dear members We are a pharma company with Sales employees all across India. We know for sure that some of them are doing other small time or proper private office jobs with their close relatives while they are still on our employment. No one is ready to testify against them. How can we take action against them and terminate them.

They are reporting regularly through on line reporting. Will video graphic evidence be sufficient evidence to terminate them. If yes what are the things we need to ensure or take care of while generating such evidence.

Ashok K Dubey   19 December 2013 at 17:13

Applicability of bocw act.

Sir,
Our unit is located in Gurgaon Haryana. the factory building had made in year 1995. Now we received a letter from labour department with direction to paid 1 % cess of total construction cost of the building under the Building and other Construction Workers Welfare Cess Act, 1996.

Please advice that this act is applicable on us or not because our building is built in 1995 and the act had came in force in November 1995. Please advice, we are liable to pay the cess or not.

kiran   19 December 2013 at 13:48

police verification for govt. job

Sir, traffic challan record is verified in police verification for govt. Service

SHASHIDHAR A   19 December 2013 at 11:13

Standing orders

Dear All,

Ours is a BPO/Call Center company having offices in Maharashtra, MP, Punjab, Bihar, WB,Orissa, AP, Kerala & TN.

We are registered under S&E Act and part of ITES Industry. We want to know whether, The Standing Orders Act is applicable for us in above states and is it mandatory to have SO certified by Lab.Dept.

However, we do have appropriate policies which covers from Recruitment to Retirement and are available in our internal website to all employees.

In Maharashtra the employee strenght is around 3000 and in other locations ranges from 1000 to 2000.

Kindly let us know if SO Act is applicable or not especially in Maharashtra.

truman   18 December 2013 at 17:06

Suspension

A friend of mine who was an officer in a nationalized bank was arrested on suspicion planting a letter in his residence and after interrogation the CBI found him innocent and had not taken any action against him and also erased the arrest record in the charge sheet that was filed as a calender case in the CBI court. The planted letter was proved as an anonymous letter by the Expert opinion of GEQD/Hyderabad.
The bank had wrongly suspended him stating that a criminal case was filed against him, but in fact no case was filed against him as stated earlier. After dilly dallying the bank had reinstated him without salary for the suspended period.(5 Years)
He opted for VRS-2000 and made his offer treating the suspension period as one spent on duty. The bank had agreed the offer but made payment treating the % years as not on duty and never paid the back wages also.
The matter is coming for final hearing and will somebody give him some advice?He is appearing as party in person due monetary constrains.

Renuka Maheshwari   17 December 2013 at 23:42

Cheque bounce of salary

This is to inform you that my daughter joined a newly opened office Named CATALYST in Nehru place on 02/09/2013. She continued her office for one and a half month but after that the office was closed and a cheque of Rs10000/- was issued to her instead of Rs.12000/- payable to her. After two days i got an information that my cheque got bounced and Rs.100/- was deducted from her account You are requested to kindly advice how can i get her salary and where I have to complain for that

1.i have appointment letter issued by them
2.I have cheque bounce information from bank
3.I have contact no. of all three owners of the company but I don't know their residential address Pl advise

kiran   17 December 2013 at 19:05

police verification for govt. job

Sir, what type of character is verified by police in police verification for govt. Job

manoj   17 December 2013 at 17:42

Cat

sir i ask you yesterday that there is any judgement
or order or any related information regarding a person have FIR pending against him can join the central govt job.
it will be great sir if u help me on that matter.
i tried my level best but nothing came out
thanks,
adv manoj kumar