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Sushil Wagh   15 November 2012 at 00:20

Departmental inquiry

IN A DEPARTMENTAL INQUIRY DISCIPLINARY AUTHORITY HAS RELIED UPON FORENSIC HANDWRITING EXPERTS TO BRING FORTH A CHARGE AGAINST A CHARGED EMPLOYEE. THE DOCUMENTS RELIED UPON IN THE CHARGESHEET DO NOT INCLUDE THE STAMPED AND SIGNED DOCUMENTS SENT BACK BY THE FORENSIC LAB BUT COPIES THEREOF BEFORE BEING SENT TO THE FORENSIC LAB. ALSO THE SAMPLES HANDWRITINGS SENT TO THE FORENSIC LAB BY THE DEPARTMENT HAVE ALSO NOT BEEN PROVIDED ALONG WITH DOCUMENTS IN THE CHARGESHEET NOR THERE IS ANY MENTION OF THE SAME. THE REPORT OF THE FORENSIC DEPARTMENT ALSO DOES NOT NAME THE PERSON ACCUSED IN THE CHARGESHEET. IT SIMPLY SAYS THAT THE HANDWRITINGS OF THE SAMPLES AND THE DOCUMENTS TO BE VERIFIED MATCH.

THE PROSECUTION DURING THE COURSE OF THE INQUIRY HAS NOT APPLIED OR BROUGHT ANY DOCUMENTS SUCH AS SAMPLES SENT TO THE FORENSIC LAB ON RECORD OF THE INQUIRY PROCEEDINGS NOR THE STAMPED AND SIGNED DOCUMENTS SENT FOR VERIFICATION ARE ON RECORD OF THE DEPARTMENTAL INQUIRY.

THE FORENSIC EXPERT DURING CROSS EXAMINATION HAS DENIED THE DOCUMENTS AS THAT PROVIDED ALONG WITH THE CHARGESHEET TO THE ACCUSED AS THEY DID NOT CONTAIN HIS SIGNATURE AND STAMP.

AS THE DOCUMENTS WERE NOT RELIED UPON BY THE PROSECUTION AND THE BURDEN OF PROOF IS ON THE PROSECUTION TO PROVE THE CASE. THE CHARGED EMPLOYEE DID NOT ASK FOR THE DOCUMENTS AS MENTIONED ABOVE TO CONTEST THEM AS THEY WERE NOT BROUGHT FORTH BY THE PROSECUTION TO PROVE THE CASE.

THE INQUIRY OFFICER HAS DECLARED THAT THE CASE HAS BEEN PROVED WITHOUT TAKING THESE FACTS INTO CONSIDERATION.

KINDLY HELP ME WITH THE FOLLOWING:

1. PROVIDE SOME CASE LAWS ON FORENSIC EXPERTS OPINIONS.

2. CAN DOCUMENTS NOT ON RECORD OF THE DEPARTMENTAL INQUIRY BE RELIED UPON BY THE INQUIRY OFFICER TO PROVE THE CASE AGAINST THE CHARGED EMPLOYEE.

3. PLEASE HELP HOW TO GO IN APPEAL TO THE APPEALATE AUTHORITY IN THIS CASE

4, WHAT ARE THE OTHER AVENUES FOR THE CHARGED EMPLOYEE TO SEEK JUSTICE AS SHE HAS BEEN TERMINATED FROM SERVICE.



THANKING YOU,

WITH REGARDS,

SUSHIL WAGH

LAW STUDENT

supabcdefgh   15 November 2012 at 00:19

Study leave for goverment class 1 officer for phd

CCS rules state that the maximum leave allowed is 2 years. For medical, it is 3 years. Now one person in enginnering back ground wishes to do PhD. This is impossible in 2 years. Is there a way he can get 3 years leave? He is a Nagaland Goverment Subdivisional Officer (assistant Executive officer)

Abhishek Pandey   14 November 2012 at 22:52

90 days notice period

I am working in a MNC having 90 days notice period to be serve by employee to terminate the employement or for each day shortfall pay in lieu to notice as per company policy. When I given resignation and talked to manager for releaving me earlier , he refused to do so and told me that there is not any provision. I sshowed my emploee agremment letter where it it clearly mention that in case not able to serve notice period can pay for each day shortfall however he told me that company policy changes time to time and your are abide to follow the same. I asked him for policy documents to check whether any modification is made in policy which is different from what is mentioned in my employee agrrement and talked with HR team for same. When I asked for policy document my HR said that we are not denying that we will not waive off your notice period and asked me to submit relevant document for the reason for not serving the notice period. I have property dispute at my hometown and since my grandfather is ill and in bed rest I have to go to my home town urgently for handling all this stuff. I submitted the court paper and medical documents of my grandfather to HR team . Now they are denying to waive of the notice . I have documented all thing and sent mail to HR team and my manger that I will serve around 40 days of notice for for shortfall I am ready to pay. I have finally decided that I will have to go.Also I need relieving and full and final settlement with company. Please help me what to do.

Rajeev Solanki   14 November 2012 at 12:11

Resignation during probation period

Dear Sir,

I would like to seek an expert advice regarding the course of action I should take now. In brief, I had joined a company in April 1st this year. The employment contract specified me to be on probation period of 6 months and shall remain on probation unless I get a confirmation letter in writing from the company. In the mean time, the company had asked to sign another contract after two months of joining, which eventually I had to sign, this new contract states that even on probation period the employee has to give 3 months of notice period for leaving the organisation. Now during the probation period I have resigned giving 1 month of notice as was stipulated in HR Policy prevelent during the time of joining this company. But, the company is forcing me to give 3 months of Notice or the salary in lieu of, besides the company has not released my due salary of the last month.
I request the experts to provide me the best advice, as I am not in a position to serve 3 months notice....

Member (Account Deleted)   13 November 2012 at 22:13

Can private trust be formed at national level

Will you please intimate me whether private trust be formed at national level or require registeration at each state separately

Arjun Arjun   13 November 2012 at 11:09

Technical resignation

1)I have been working as postal assistant in postal department for 1 year.Before joining the service I have applied for the Combined Graduate Level exam of Staff Selection Commission,without seeking NOC since that time I was not employed anywhere.I have written the preliminary and main exams after joining PO.For attending interview,I have obtained NOC from the appointing authority.Now I got offer letter from CBEC.

Will I be eligible for technical resignation?

2)There is no mention about paying training charge/one month salary/notice period in the offer letter for the post of postal assistant.I have not signed any bond.

Is it required to deposit money for relieving me?

Thanks and regards,

Anoop

Binod Kumar Goswami   11 November 2012 at 22:58

Getting seniority with full financial benefit since 1997

Presently I am serving in BSF(MHA). I select as constable fit in 1997 but deptt. dono't issue order to joining. Then I lodge petition in H'nble High Court. Then deppt. issue order to join me in 2000 on the base on 1997(Order by Court). But deppt. pay facility from 2000 which should be pay from 1997 because in this case totally fault of deptt. If deptt. call me in timely I able to join. I Want to getting facility (All) since 1997, it's possible? If yes, tell me How? PLS GIVE ME ANSWER –Binod- goswamibk00@gmail.com.

raju   11 November 2012 at 21:48

service matters

sir,

CAT has dismiseed the becuase of limltion

cas u take up the case in cservice matters in survey of india

anil verma (registeronlyfree)   10 November 2012 at 22:27

Free lawyer

Sir,
one of my client is very poor. he can hardly afford to go to supreme court against an order of high court. pl suggest the name of lawyer who is low cost or can support free of cost if possible at delhi
Pl do the needful at earliest sir by providing his mail and contact number.

Sandhya   10 November 2012 at 15:51

Societies registration act, urgent please

Can any Government employee join in a Society as a President or Secreatary or Treasurer or member, Which Society was Registered under the Societies Registration Act before the Registrar.