jayesh sinha
22 April 2012 at 09:16
Chargesheet was given by D.A levelling charges ,I the undersign (chargesheeted employee) in schedule period of 10days replied that relied upon documents in support of charges framed by D.A should be furnished to me so that I can file replyin the reply I have not mentioned that I deny all the charges levelled againt me,the D.A to my reply asked the charge sheeted employee to write letter to vigilance department to get documents the vigilance department failed to supply documents to chargesheet employee and both the vigilance and D.A have failed to supply documents based on which charges are framed against me.
In the meantime D.A wentto training and the other officer who was asked to look after works finalized my chargesheet EXPARTE by violating all laid down norms of exparte on the ground that though I have replied to D.A in schedule time but in the reply I have not denied charges levelled against me MY QUESTION IS though I have not denied charges in my reply to charges levelled against me due to non-supply of documents by D.A/VIGILANCE DEPT in support of charges CAN D.A can take exparte decision simply on the ground that I have denied charges in my reply.
HOWEVER after appealing to APPELLATE AUTHORITY AFTER IMPOSITION OF PENALTY BY D.A I HAVE MADE IT CLEAR THAT I DENY ALL THE CHARGES LEVELLED AGAINST ME BY ATTACHNG ALL RELEVANT DOCUMENTS AVAILABLE TO ME AT THE TIME OF EXECUTION OF WORK I met appellate authority and gave my personal hearing and broght to his notice how D.A has violated all STATUORTY NORMS OF EXPARTE AND DEMANDED THAT CHARGESHEET should be dropped and penalty should me set aside what are the legal option available to me.
I am attaching the reply which I had given to D.A.
Devnandan Sharma
21 April 2012 at 20:01
I am a Professor in a University. I was on extraordinary leave for 6 years in an assignment outside the University. During my leave, a Vigilance Case was instituted against me. When i joined the University after expiry of leave I was placed under suspension due to the Vigilance case. The period of my suspension exceeded four years. Is there any law which determines the maximum period of suspension?
Rajesh JB
21 April 2012 at 19:34
I have asked a query to all experts one week back. But so far I can't find any answer. Will any expert be kind enough to spare some time please?
JB Rajesh
sahasrabudhe K.P.
21 April 2012 at 16:58
Bonus not claimed by the employee. lying unpaid since long. What is to be done with the amount lying. Is it required to be deposited with the Govt. Please give the relevant rules procedure.
kanimozhi
21 April 2012 at 13:08
Dear all
Kindly let me understand that is there any law/ specific clause pertaining to termination of an employee working for an Private Organganization based on his criminal indulgence outside the office premises.
Aftab4u
20 April 2012 at 18:25
Dear Experts,
the person who has been appointed on compassionate grounds (Due to the death of their father) in the State Govt of AP what is the time limit for the regularization of services..is it one year / 3years or there is no need for regularization of services as he has been recruited on compassionate grounds.
Pls help.
Thanks in advance.
amol jatkar
20 April 2012 at 17:57
Dear sir,
thank you so much for your valuable advice.
Due to limited joining time, now i am going to submit plain resignation but my lower office is not accepting the same on the basis of earlier return of my technical resignation from higher office (Accepting Authority).
Please explain step by step process, what should i do in this regard for earlier relief from my dept.
Please reply on my mail amoljatkar@ymail.com
Reetu Dwivedi
20 April 2012 at 14:01
Dear experts,
We hire vendors for maintenance and housekeeping work. Some vendor employees are required only for few hours, sometimes we hire vendors who are not having ESIC and PF registration because of non applicability as they don't have requisite number of employees or salary limit.
My question is-
1. How to hire such vendors who are not having these registrations because of non applicability.
(sometimes it really become necessary to hire small vendors, as a principal employer are we liable to pay for ESIC & PF Contribution for them ?)
2. How to deduct ESIC and PF for employees who worked for few hours.
3. Where and how to deposit contributions.
Ajay Kochar
20 April 2012 at 12:31
Respected All,
I require a suggestion for the action which we need to take against director of our company. A director has not paid us salary to all the employees from Jan, 12. Every now and then they are giving us new dates saying that they have insufficient funds in bank accounts of the company but according to us they are opening new account in a several banks and transfer the funds in the new a/c and its difficult to us to know the balance even they are not forwarding the bank reconciliation statement to a/c dept. Now they are committing new date i.e. 25th of April. And they started to create a fear in the minds of employees by giving examples of current companies who are facing financial problems and not paid a salary for three to four months. Directors told us that they have option to go bankruptcy and no need to pay single money to the employees as a salary.
Secondly they are not paid any taxes to the govt. (IT, Sales Tax. PT etc) and the business is also a fake nothing is real and everything is manipulated. There history is also almost the same what they are doing now only the company name is changed. (We got to know after one or two months from joining)
Request you all to suggest the solution for the same at the earliest.
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Child labour
hello lawyers
i just want to know that sec-7 of child labour act is bailable or not or whether it is a magistrate trial or session trial