Rajeev Kumar
26 October 2011 at 21:53
Dear Sir, One of my client is a govt.servent who is about to retire after two years, facing the trial in 498 A of IPC and the trial have been completed. It is quite clear that the accused persons will be convicted. My question is that whether my client who is a govt.servent will get the benefit of pension and gratuity after conviction in 498 A of IPC during his service period ?
kumarjainn
26 October 2011 at 11:10
sir
The judgement delivered by High court , delhi reads as follows:
.... Direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion from 1.7.98. we are informed that the petitioner was subsequently given promotion w.e.f.1.7.2001, he shall be given arrears on repromoted post from 1.7.98 to 30.6.2001 and shall also be entitled to consequential benefits of seniority and promotions etc.
The department called me to appear before the Reveiw assessment board 1998. I appeared before the review board on 27.9.11
the recommendation of the Review Assessment Board 1998 has come and the recommendation is "not yet fit" for promotion
Is there any hope left in this case
in light of the following rules .
I may add i have received two promotions one in the year 2001 and another in 2007. both have to be shifted back from 1998 and other on 2003.
1. I had obtained average 77.8% marks in last five years (1993-97) ACR.
2 Rule SRO 34:
The assessment board shall submit its recommendation as "fit for promotion" or "not yet fit" if the overall merit calibre of the candidate as judged by the Assessment Board matches with the qualifying marks required for his residency period the candidate should be recommended as "fit for promotion" otherwise the recommendation would be "not yet fit'.
rule 2: Scientist securing less than 60% marks on an average shall not be eligible for assessment.
I had received a letter from the department before appearing for the assessment board 1998 below:
Mr kumar has been asked to appear for interview/assessment board regarding his work report for the period 1993-97 and not to appear for interview/assessment.It is therefore reiterated that he may please be directed to brief the Review assessment board about his work done.
thus
1. I was not interviewed. only briefed the work.
2. On the basis of my work my superior has marked my ACR every year in last years giving 77.8% marks.
3. If I have obtained more than 60% marks in the interview I have to be recommended as "fit for promotion"
Review board has not taken interview and only assessed my work which has already been assessed in ACR and I have secured 77.8% marks. As the recommendation of review board is "not yet fit" that means interview board has given me less than 60% marks for my work that too without taking interview. How can there be so much difference in the assessment of work by my seniors and the review assessment interview board 1998.
what can i do. should i give representation to the department or i should file contempt of court.. will i get success in contemt case.
raghavendra
25 October 2011 at 20:57
sir,
i wante to mark the CD and photo graphs in labour court ,but judge say i will not mark the CD , because evidnece act will not applicable here , is there any citaiton regarding this sir
thanking you
Anonymous
25 October 2011 at 17:29
Sirs,
HAPPY DIWALI.
An amployee assaulted his superior officer. FIR was lodged and the police submitted charge sheet. After trial the Trial Court convicted the erring employee under sec. 341, 323, 506(2) and 504 read with sec. 34 of IPC.
Now the employee challenged the order of the Trial court in Court of Sessions.
Since the errant employee is convicted, whether this assaulting of superior officer comes under the purview of 'criminal offence involving moral turpitude' ?
Thanks.
Anonymous
25 October 2011 at 16:26
My brother was DRDO Minsitry Defence employee in year 2007 after completing 6 years service as permenant employee has resigned the job. The resignation was accepted by the company. But his parents and wife were not aware of the resignation. After resignation he has not received any amount form the company. he was under treatment for depression in mental hospital during the time of resignation what should we do it is already 5 years and we have not received any money from the company and now he is regretting for resigning when he was not in abalanced state. Can we go to the court of law for reemployment or what is the way out. please advice as per GOI Defence act what should we do now. He has two children wife and old parents.
Jagdish Chander Katyal
25 October 2011 at 10:03
I was issued two chagesheets and after domestic enquiry by the same enquiry officer and on his report I was dismissed in Dec. 1987. An Award was passed in 2005 by CGIT New Delhi in which the enquiry was held fair and proper and punishment of stoppage of 2 increments with cumulative effect was passed alongwith reinstatement w.e.f. from date of dismissal. Management filed writ peetition and the award was set aside and by mutual concent it was remanded back to the Tribunal for re hearing on all issues. Now the Tribunal has by an order held the enquiry proceedings as not fair and proper i.e. the enquiry vitiated and set aside the dismissal orders and ordered accordingly.what is my status as reinstatement as I was in service during enquary proceedings.
raghavendra
24 October 2011 at 23:31
sir,
employees collectivley filed petition in labour court under section 10(4)(A) read with section 2A , i have filed the counter statement and stated to frame the preliminary issued regarding mantainability of the petition ,
court framed the preliminary issues and posted the case for hearing on preliminary issues ,
i prayed that i will lead the evidence on preliminary issue but court rejected my prayer,
now my request is i want to lead the evidence on preliminary issue i want some supporting judgement , which should says on preliminary issues also we can lead evidence ,
thanking you
sekar
24 October 2011 at 22:19
The employer is bound to pay the hospital bills as u got injured while attending/going to attend your job.
No lawyer can attend disciplinary proceedings....from both sides.
vaibhav negi
24 October 2011 at 19:35
Hi, My mother got state government job (Teacher) after marriage, in which the original Name was written in all of the documents i.e, kala devi (kala devi is written in all marksheets and graduation certificates). After a few years my father got expired (he was in army) at that time My mother-in-law (my dad's mother) wrote in the documents (of army) a different name(because at that time my grandmother used to a nick name) which was , Smt. Poonam. So from that time (about 28 years ago) till now it got the same name(Smt poonam Devi) in the pension which is obtained on behalf of my father.
on 2008 my mother also got retired from primary Teacher Job. The biggest problem is that my mother was not aware of this thing,that in future it would be more paining, and now All the bills(electricity, water,pen card,voter id and in ration card) have the name Kala Devi. But the bank (SBI, in which my father pension comes) is saying that attach the proof of Address in which there should be a name in which Smt Poonam is mentioned. in few months there would be a unique Id, exists, then it would be more paining, because i know in future this thing (two different names with same residential address, drawing two pension would collide) how this problem can be resolved?. My mom is so tensed, as someone said that in army if they find this fault, they would stop the pension and also would recover whole of the pension they have given to us since my father death.Please Guide Me, I am not finding a way, your guidance would be highly appreciable. Thanku.
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Legal notice
I hv lost case in high court and lpa and slp dismissed in limine. Bank got favourable order by misrepresentation of facts before the high court.Now I hv documents received now under RTI act after about 10 years to prove that bank played fraud and got favourable order.documents recd ubder RTi clearly establishes the fact that bank had given wrong information or misrepresentation the facts in WS affidavit.
Can we sent legal notice to bank on the basis facts confirmed in documents of bank received under RTI before approaching court again.