Anonymous
28 November 2011 at 16:25
i have 2 qustions:
1. what constitute gross misconduct?
2. how the competent authority ( govt department) decide to award major or minor penalty ? what are the things he takes into account ?
karan
27 November 2011 at 12:32
We staff members recently won in the Punjab and Haryana High Court in a case regarding Pay Scales(Double Bench). Department went to same court to get time and got 3 months, earlier time was for 3 months for the revision of scales. Before the lapse of time the Department again filed review petition in the Punjab and Haryana High Court which was dismissed by the court commenting "the time given by the court was utilized for preparing SLP and filing review petition". Our concern is that the Department will go to Supreme Court. We have also filed Caveat there. Points are:
1. How much time they have now as their extended 3 months time have lapsed on 31st October.(review petition was dismissed on 6th November).
2. What are the chances that the SLP will be filed successfully in the Supreme Court.
3. What other preventive measures we can take in these circumstances.
Regards to all.
Anonymous
26 November 2011 at 23:52
please guide can i avail 10 month study leave after completion of two year probation period. i am a staff nurse grade-B,at Gov hospital(LNJP hospital new delhi).i have finished my Msc Ist year and my second year is pending.or any other alternative to complete my masters
CCS Leave rule 1972
50. Conditions for grant of study leave
(1) Subject to conditions specified in this Chapter, study leave may be
granted to a Government servant with due regard to the exigencies of
public service to enable him to undergo, in or out of India, a special course
of study consisting of higher studies or specialized training in a
professional or a technical subject having a direct and close connection
with the sphere of his duty.
(2) Study leave may also be granted-
(i) for a course of training or study tour in which a Government
servant may not attend a regular academic or semi-academic
course if the course of training or the study tour is certified to
be of definite advantage to Government from the point of view
of public interest and is related to sphere of duties of the
Government servant; and
(ii) for the purpose of studies connected with the framework or
background of public administration subject to the conditions
that-
(a) the particular study or study tour should be approved
by the authority competent to grant leave; and
(b) the Government servant should be required to
submit, on his return, a full report on the work done
by him while on study leave;
(iii) for the studies which may not be closely or directly connected
with the work of a Government servant, but which are capable
of widening his mind in a manner likely to improve his
abilities as a civil servant and to equip him better to
collaborate with those employed in other branches of the
public service.
NOTE.- Application for study leave in cases falling under clause (iii)
shall be considered on merits of each case in consultation with the
Department of Expenditure of the Ministry of Finance.
(3) Study leave shall not be granted unless-
(i) it is certified by the authority competent to grant leave that the
proposed course of study or training shall be of definite
advantage from the point of view of public interests;
(ii) it is for prosecution of studies in subjects other than academic
or literary subject:
Provided that an officer of the Indian Economic Service or Indian
Statistical Service may be granted study leave for prosecuting a course of
study for obtaining Ph.D., on a research thesis, subject to the conditions
that-
(a) the subject of research and the institution at which such
research is to be undertaken are got approved by the Chief
Economic Adviser to the Government of India, in case the
applicant is a member of the Indian Economic Service, or by
the Director, Central Statistical Organization, in case the
applicant is a member of the Indian Statistical Service;
(b) the applicant obtains a certificate from the said authority to the
effect that such study will be valuable in the matter of
increasing the efficiency of the officer in the performance of
his duties as a member of the Indian Economic Service or the
Indian Statistical Service, as the case may be; and
(c) in cases where the study is to be undertaken at a foreign
university, the applicant obtains a further certificate that the
facilities for research on the particular subject chosen for study
are not available at any University or other Institution in India:
Provided further that a Medical Officer may be granted study leave
for prosecuting a course of postgraduate study in Medical Sciences if the
Director-General of Health Services certifies to the effect that such study
shall be valuable in increasing the efficiency of such Medical Officer in the
performance of his duties:
Provided also that a specialist or a technical person may be granted
study leave, on merits of each case for prosecuting a postgraduate course of
study directly related to the sphere of his duty in case the Head of the
Department or the Secretary to the Department or Ministry concerned
certifies that the course of study shall enable the specialist or the technical
person, as the case may be, to keep barest with modern development in the
field of his duty, improve his technical standards and competence and thus
substantially benefit the Department or Ministry.
(iii) the Department of Economic Affairs of the Ministry of
Finance agrees to the release of foreign exchange involved in
the grant of study leave, if such leave is outside India:
Provided that in releasing foreign exchange to Government servants
proceeding on study leave abroad, the Department aforesaid shall satisfy
itself whether such Government servant comply with the minimum
educational criteria as specified in the general orders issued by the said
Department from time to time regulating release of foreign exchange to
persons proceeding abroad for higher studies at their expense.
(4) Study leave out of India shall not be granted for the prosecution
of studies in subjects for which adequate facilities exist in India or under
any of the Schemes administered by the Department of Economic Affairs
of the Ministry of Finance or by the Ministry of Education.
(5) Study leave may be granted to a Government servant-
(i) who has satisfactorily completed period of probation and has
rendered not less than five years’ regular continuous service
including the period of probation under the Government;
(ii) who is not due to reach the age of superannuation from the
Government service within three years from the date on which
he is expected to return to duty after the expiry of the leave;
and
(iii) who executes a Bond as laid down in Rule 53(4) undertaking
to serve the Government for a period of three years after the
expiry of the leave
(6) Study leave shall not be granted to a Government servant with
such frequency as to remove him from contact with his regular
work or to cause cadre difficulties owing to his absence on
leave.
51. Maximum amount of study leave
The maximum amount of study leave, which may be granted to a
Government servant shall be –
(a) ordinarily twelve months at any one time, and
(b) during his entire service, twenty-four months in all
(inclusive of similar kind of leave for study or training
granted under any other rules).
prashant1314
26 November 2011 at 21:25
Dear Experts,
Is it mandatory to issue show cause notice / charge sheet to accused employee on company letterhead?
Ajay
26 November 2011 at 10:18
Hi,
Dear Friends,
I have a query about suspension of a our employee, company money of Rs.10 K was pocketed by him, some wrong adjustment was done by him in the books of accounts, after that he was suspended by the management & amount deposited to co by him, after taking a writing confirmation from him he accepts this in his letter, after his suspension some more transactions were found wrong & around Rs50K was pocketed by him, but co does have only some amounts of proof that amount taken by him, after that a charge sheet was issued to him to deposit the amount. & enquiry is proceeding agt him but he does not attend any enquiry against him from last two years, company send a letter to him every month about the enquiry proceeding agt him and mark absent. what we should do in this, in the suspension letter it was confirmed that company will pay 50 % salary but not paid to him only cheques were issued & after six month cheque reverse. now he is asking his 50 % salary after adjustment of amount pocketed by him. what we should do in this.
Anonymous
25 November 2011 at 21:25
respected sir ,
i am a gov employee grade II staff. i am working since 8th July 2011.till date today i hv not received my salary.every time i visit the office they say work is in progress it vl take time.. at-least 6month.
help me ..i am in new city facing financial problem yet they r not doing the needed help to earn my salary.
narayan
25 November 2011 at 21:15
as per central civil service rule 1972.an government employee is eligible for study leave for a period of 24 month... so can i avail 10 month study leave after completion of two years
n v sudhakar
25 November 2011 at 19:59
One of my friend who was working in a software company in Hyderabad went to Kashmir on duty and due to sudden brain hammerage he fell down and the co-employee got admitted him in Apollo hospital at Kashmir and my friend died in the hospital. This has happend about 2 months back.
His wife after completing all the rituals went to her husband's office and requested to provide the details of her husband salary, his personal files etc. It seems nothing was made available to her. The surprising thing is his employer asked her that why he has gone to Kashmir at all?
When she requested for compensation for her husband's death, the employer said that you husband was working on consultancy basis and there is nothing to be paid and we donot have any of his files.
She is only house wife having 7 years old girl. She does not know whether her husband was on consultancy basis or on salary basis.
On verification of Form 26AS of income tax, we found that her husband was paid consultancy fee till Sep, 2010 and from Oct, 2010 onwards he was paid on salary basis. That means he was on employment for the last one year and died while performing the duties.
Please guide us what type of benefits she is eligible from the said employer and how to proceed.
An early reply is requested since the above lady do not have any income.
N V Sudhakar
Karthikeyan Jayapal
25 November 2011 at 16:30
Sir, BSNL Department has introduced Weightage Point System for Compassionate appointment, Could you places help me with cases against this system. Thanks
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Punishing authority....
Dear Seniors,
1) Who should be the Punishing Authority in ( Private ) Limited Comopany?
2) Where ( In which Act + Section ) the Punishing Authority is defined?
3) Is there any difference between Disciplinary Authority & Punishing Authority?
4) If the Appointment Letter issued by GM HR then can Manager HR ( Who is not appointing Authority as per Appointment Letter ) has right to terminate the services of the accused employee?