Harikumar
25 July 2013 at 07:58
I am a Central Govt employee from Kerala. Due to an alleged involvement in a criminal case (malpractices in a departmental exam)at New Delhi in 1996, I was placed under suspension on 08.05.1998 as a criminal case was filed against me in the court at New Delhi and continued under suspension for a long period of 4 years and 2 months.
There after a Rule 14 Inquiry was ordered on 31.8.99. The inquiry was dragged on for over 13 years with no fault on my part and finally the inquiry report was issued on 04.10.2012.
Original file was not with the disciplinary authority at the time of framing the charges and that was not placed before the Inquiry Officer also, as these documents were in the custody of Police. All the documents produced were photocopies. Hence the inquiry, perhaps, was conducted in violation of statutory provisions contained in Rule 14 of CCS (CCA) Rules 1965.
List of documents shown in the Memo of charge itself is written as
“ List of Documents (Photocopies) “ and the list of documents shown in the I.O Report also clearly shows all the documents filed on behalf of D.A. are mere photocopies.
The Inquiring Authority has mentioned in his report that the defense has not demanded production of original documents in the Inquiry when the same was mentioned in defence brief. Is it not the duty of the prosecution to produce the original documents in the Inquiry? Is there need of a demand from the defense ?
The Disciplinary Authority has forwarded a copy of the inquiry report, simultaneously informing me that he has agreed with the findings of the Inquiring Authority before receipt of my representation. I have submitted my representation citing all the above matters. But, the D.A. has issued a major penalty of reduction of Pay by two stages for 3 years and I will not earn increments during the period of 3 years and this will be with cumulative effect.
In a similar case of Sri A. M. Srinivasan Vs. Union of India in O.A.180/2011, the Hon’ble C.A.T Madras Bench has quashed the memo of charges and punishment order vide its order dated 14 June 2012, on the grounds of delay and non-production of original documents in the inquiry.
Kindly Advice as this case has ruined me completely.
vinayak
24 July 2013 at 22:51
I am working with limited company since 2003. city. deals in financial/broker services. suddenly I have been told to tender resignation and served me letter of redundancy. letter contain date 1st july and given to me on 17th july. last date mentioned in letter is 31st july. I seek your advise can I oppose their decision? what should be my next step? what legal remedies available to me?
Eagerly awaiting for ur valuable advise. Thanks
Manoj
24 July 2013 at 21:22
As i am facing the bogus trial of 420,120B,511,34 IPC & 66 IT Act , can I join central government as a civil servant if selected?
please give your views & reffered cases if in favour
Rahul Lahiri
24 July 2013 at 18:14
Dear Experts,
If any Nursing College introduces Scholarship Schemes/ for the meritorious nursing students with the condition that :
• The sponsored candidate should sign a Bond to work in any of the Hospitals of our group for the period of 3 years.
• The total sponsored amount will be recoverable by the Employer / Institution on her behalf during the Bond period.
Is it legally possible, especially when there is a Directive of the Indian Nursing Council against bonds from students.
If not what alternative can be adopted by the Nursing institution, if the student/ parents opts for such a scheme.
Please advice
Mohan Chavan
24 July 2013 at 17:25
Hi,
Request you to please tell me what is Gumasta Licence? and for what purpose it is used ?
Thanks
Rajesh
24 July 2013 at 09:29
Treasurer of CHS has resigned from his post. His resignation is not yet accepted.
Can society proceed with appointment of new treasurer without formally accepting the resignation from previous treasurer?
P.ESAKKIMUTHU
22 July 2013 at 10:04
Whether annual increments&revision of wages fallen/accrued during the period of suspension will be taken for calculating payment of subsistence allowance under TN PAYMENT OF SUBSISTENCE ALLOWANCE ACT,1981_Pl.state citations if any
V. B. JAIN
21 July 2013 at 21:52
To whom I mean which type of Industries/Institution does minimum wage act apply ?
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Leaving l&t in the first month being given the service bond
SIR i joined the company on 8th of july now i have decided to quit the company after realising the work culture n the work timings of 13+ hours also they are not giving the training as mentioned in the undertaking bond instead v r forced to handle the things about which i dont have any knowledge about.The bond was signed for 2 years 2lakhs please help me can i leave the job now the company is L&T CONSTRUCTION n there is no scope of my stream in the division where i have been put n more over i have climatic health issues even after requesting that they are not changing my location n they are forcing me work here only please halp me if i have to pay the whole 200000 rs as mentioned in the bond?