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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   01 December 2011 at 00:03

Judgments on cvc advice

Dear Sir,

Mine is a vigilance case wherein a Scale IV officer, a Scale I officer and two clerical staff were said to have got involved. The case was referred to CVC and the details are as under:

1. The PSU bank sought the first stage advice on account of officers only and the CVC had advised for initiation of major penalty proceedings against those officers only.

2. Though this is a composite case, the PSU Bank appointed different DAs, for every cadre, for conducting the disciplinary proceedings by not adhering the guidelines provided in para 10.2 of Special Chapter on Vigilance Management in Public Sector Banks.

3. At the time seeking second stage advice the PSU Bank included the names of the clerical staff also and the punishment proposed to be awarded by the DA is "reduction of basic pay by 3/5 stages with cumulative effect".

4.Though the first stage advice was not sought on account the clerical staff and though the case was not treated as a composite case as per the extant guidelines of the commission, the CVC rendered its second stage advice to impose the penalty of 'Dismissal'for all the four members.

5. The submissions made by the bank for reconsideration and to impose the penaly as proposed by the DA earlier was declined by the commission.

6.The PSU Bank passed original orders of Dismissal to Scale I officer and two clerical staff only whereas on account of the Scale IV, the CMD submitted another reconsideration request and the CVC had also considered to impose the penalty of "reduction of pay by three stages".

7. The dismissed members submitted appeal and the appellate authority also confirmed the punishment already proposed by the DA for seeking second stage advice viz.reduction of basic pay by 5 stages with cumulative effect.

8. The PSU submitted the punishment proposed by the appellate authority and the commission declined the proposal and advised imposition of a stiff major penalty to those three members.

Thus a Scale IV officer was given a lesser punishment and the members who were worked under his instructions/control were awarded with major penalty of "Dismissal".

The entire things were performed by the bank at the back of the members and no documents pertaining to reference made to the commission were supplied to concerned members.I collected those documents from the PSU, CBI and CVC under RTI Act 2005.

I request the experts to kindly provide me the latest judgments available with regard to those anomalies mentioned above and light the life of suffered members of the PSU.

Anonymous   30 November 2011 at 20:30

Epf

ONE MEMBER HAS EXPIRED.HIS NOMINEE I.E WIFE USED TO GET PENSION.HISS SON WAS ALSO CO NOMINEE BUT NOW ABOVE 25 YEARS OF AGE.THE 1ST. NIMINEE EXPIRED.NOW WHAT WILL BE THE FATE OF EPS?WHO CAN GET IT???

Anonymous   30 November 2011 at 19:04

Bonus payment

I have retired from an organisation recently as Sr. Manager. The organisation pays Bonus ( Call i as Incentive) only to in-service employees. The Bonus (Incentive) is paid based on the previoys year attendance. Also they classify A, B, C and D and pays the incentive as per the grade (A grade gets maximum and D grade gets nothing). But there is no well defined and measurable norms set by the company except the KRA. My question is :
(1) Is the company right and legal in not paying the Bonus (Incentive) to ex employees like me.
(2) Is the Company right and legal in terming bonus as Incentive. I feel that Incentive is paid to employees if they excel the norms set (Like Sales Target, Manufacturing Target. As theses are absence in the present case, I feel hat it is only profit sharing
(3) Is the Organisation right and legal in classifying Bonus (Incentives) and pay differently and deny to some body
(4) If it is not right and legal, please inform what action can be take, whom to approach

Regards

Anonymous   30 November 2011 at 16:39

House retention scheme on transfer

One of the CPSE has a scheme by which they allow Retention of house ( Corporation Owned/ leased/ or Own arrangement of the officer) at previous place of posting on transfer to new place of posting. In case if its own arrangement by the officer, HRA is paid, This is allowed under compelling reasons like Spouse working, Children's education, Aged parents etc. At new place of posting they allot bachelor accommodation. However this is allowed only to married officers. They do not allow this to un married officers if he retains house for aged parents and avails bachelor accommodation at new place such officer will not get HRA. Is it not violation of article 14 of the constitution.

DJ   30 November 2011 at 13:46

Pension commutation

Dear All,

One of my officer asked about the Pension query. He said that one of his employee getting monthly pension from EPFO, but now he wanted to commute 50% pension, so please help me to know whether once pension claim settled was again claimed for commutation or not?

Regards,

Dhananjay

Anonymous   29 November 2011 at 20:51

Reinstatement... limitation period

Dear Experts,

If the Labour Court / Industrial Tribunal awards for reinstatement of the Workman & workman failed to appear for reinstatement to Employer then what is limitation period withing which the Workman has to appear before Employer for Reinstatement?

After lapse of how many days / months the employer can deny the reinstatement to workman by attributing the reason of failure of workman to appear for reinstatement as per Labour Court / Industrial Tribunal Decision?

ash333   29 November 2011 at 12:55

Gratuity eligibility

Hi All!
I had joined a Ltd company in Oct2006 and resigned in July 2011, my tenure in the company comes to 4 yrs 9 mts,
Let me know if i'm eligible for gratuity?

Anonymous   29 November 2011 at 12:26

Complaint against indane gas dealer

Sir,
I have a Gas Connection with Indian Oil Corporation (INDANE GAS) in Hyderabad since 1999. I approached the local gas dealer and requested him to local transfer. He asked me to bring the REGULATOR of the said connection. Accordingly I have taken the REGULATOR, but he refused to transfer, as the said REGULATOR is a duplicate one. Actually the said REGUALATOR has been given by him at the time of taking the connection. And further asked me to give a bank draft for Rs.250/- for a REGULATOR. He did not mention the number and name of the regularator on my Gas Receipt at that time.
. Not only this thing, he is an argent person and he is not giving respect to the customers. So where I want to made a complaint against him. Plz. Suggest me.

Anonymous   29 November 2011 at 10:19

Working hours

sir
Iam working in a tertiary referal hospital in jammu and kashmir state,how many hours an employee is supposed to dicharge per day/month,remembering that 75% of my duty is during night hours i.e 16.00hrs to 10.00hrs.
Kindly send an email to my address

Anonymous   28 November 2011 at 22:01

Removed service ( intended on my job)

sir,
i am working as a conductor in A P S R T C. recently i get the removal order copy dated 31/10/11. the reason is i had an absent one day without any intimation.(show cause notice with removal dated 17/10/10 DASSARA FESTIVAL DAY). actually my wife had fever, i had requested to my controller through mobile for one day leave, he refused, then i had put a sick intimation through mobile and a letter for three days.(all the audio matter recorded in my mobile).
what can i do now to get my job please advice sir.......
actually the controller had an intention to remove from my job because i had some audio and video recordings of harassment on me, which are previously taken place.
i suffered so much with him in different ways. i had all audio proof, can i ask for law for these incidents.
what is the way to me and what to do please help me.