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Anonymous   26 July 2011 at 07:58

Summary court Martial.

I am a practising Advocate at Shillong.Recently an army person approached me to file a writ in the Guwahati High courts Shillong Bench,as he was dismissed from his service in 1998 after a Summary Court Martial which found him guilty of all the charges and dismissed him from service after serving 14 years without any service benefits such as Pension. After the SCM he had filed a writ in Delhi High Court Whereby the Hon'ble court was pleased to dismiss for lack of jurisdiction with a direction to approach the Guwahati High Court. Now I want to file an appeal before Armed Forces Tribunal at Guwahati but I do not have any idea about the proceeding of the Tribunal.Please suggest me how to go for it.

Anonymous   25 July 2011 at 15:41

Legal Notice

Dear Experts,
I need to send legal notice to my ex employer because they have not cleared my dues despite of many reminders.
kindly suggest how much legal notice sending will cost me and what all documents i will be needing to support my notice?
Pls do reply.Its very urgent.

vikas sharma   24 July 2011 at 21:40

how to claim intrest on gratuty

gratuty is deposited with labour commissioner
for last 4 years by the company, the order of release was after 4 years without intrest by controlling authority

Anonymous   24 July 2011 at 21:08

with-holding of pay increment.

Respected Expert
would you please inform that can a authority with-hold salary increment before completion of departmental enquery. one of my friend was put under suspension but after tribunal order he was reinstated it has passed one year, but the authority is stating that they will not made any due increment as long as the court trial does not over. are the authority right. the departmental proceeding could not complete because of all document relating to suspension were called by tribunal and those are till there.
thanking you in anticipation.

Anonymous   24 July 2011 at 20:42

Suspension

Learned Members,

Please help solve the problem below:

I joined my service on 4th September, 1996 as a UDC.

I remained absent(un-authorised from 02.01.2001 to 29.09.2001 i.e for 271 days)

I rejoined my duty on 01.10.2001 and applied for Extra ordinary Leave in order to regularise the absence period on 19.10.2001

In contrary, I was suspended instead on 16.04.2002(i.e after 6 months & 15 days of my joining and after 5 months and 28 days of application for the leave of the said absence period)to enquire into unauthorised absence period.

The Inquiry was proposed to be held into the charges of unauthorized absence framed against me as per the procedures to impose Major Penalty under the provision of Rule 14 of Central Civil Service (Classification, Control and Appeal) Rule, 1965 by the Authority. Accordingly, the inquiry was held as per the procedures to impose Major Penalty.

After the aforesaid inquiry was over, finding no ground for imposing major penalty under any penal provision of the CCS(CCA)Rules, 1965, the suspension was revoked with immediate effect from 27/10/2004 and merely a minor penalty of withholding one periodical increment without any cumulative effect as defined in Sub-rule (iv) of Rule 11 of the CCS (CCA) Rules, 1965 was imposed.

Further, the authority ordered that the said period of suspension w.e.f 16/04/2002 to 26/10/2004 in respect of me is not to be treated as on duty for any purpose, which is violative of the Order of the Department of personnel & Training, Govt. of India Order No: G.I, Dept. of Per. & Trg., O.M. No. 11012/15/85-Estt.(A), dated the 3rd December, 1985 wherein it is stated, "where departmental proceedings against a suspended employee for the imposition of a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of FR 54-B and the employee concerned should, therefore, be full pay and allowances for the period of suspension by passing a suitable order under FR 54-B"

Now the questions concerning me are:

1. Whether the above circumstances can withstand in the court of law?

2. Where can I find the aforesaid Order of the GOI(I have thoroughly searched in net but to no avail)as the merely citing the order No. as given in SWAMY'S HANDBOOK is not accepted by the court.

3. Is there any ruling of the aforesaid nature.

Kindly help by providing details, if any.

Thanks in anticipation.

Anonymous   24 July 2011 at 20:00

EPF deductions

If Contractor/Co-operative Society is doing work on contract/work order basis with Govt.Deptt. by himself without engaging labour whether EPF is required to be deducted and deposited with EPF Deptt. for himself(Contractor)

Anonymous   24 July 2011 at 19:48

Contract Labour act

which section under contract labour law is very critical from the view of principal employer

Anonymous   24 July 2011 at 17:07

Service matter

Can a person who is on LOP (Loss of pay,) applies for a VRS (voluntary retirement scheme) which is accepted by the employer (PSU), be relived without joining the duties?

Anonymous   24 July 2011 at 14:42

Regarding appointment letter,

Dear sir,
I sanjeev kumar given interview on 24/05/11, again final on 20/06/11 finally selected as BDM with Ankur Drugs and Pharma ltd based at patna,i got offer letter dated 21/06/11 , i joined training programme as writtern into offer letter from 04/07/11 to 09/07/11 , i come back my headquarter dated 12/07/11, as in training HR manager has told to fax when u will resume field duty, i did same on 15/07/11, meanwhile there was a mail from my senior on 15/07/11 in this mail it has been mention that not join field duty till further notice, i saw later that mail,
further company is not responding me and not giving me appointment letter , although i am working for that organisation, today i received a mail from our v.p. he also tell as earlier told, not to join, and advice me not send mail to me or hr, because it has no meaning for us,
in this situation what i can do , please suggest me,
Thanking you,
with regards,
sanjeev kumar,
patna,
9308712557

Anonymous   24 July 2011 at 10:29

JOINING AFTER RESIGNATION

Sir,

I joined in The West Bengal Civil Service in 2003 as Revenue Officer in Land and Land Reforms Department (L&LR)and continued it till February 2008. During this time, having I appeared in the WBCS exam again for a higher post with prper approval from the authoiry and stood first in the West Bengal Police Service (WBPS) and stood 2nd in the West Bengal Civil Service (both are same exam, but lists are separate). I joined WBPS in Feb 2008 on LIEN from L&LR dept. But due to medical grounds, I tendered technical resignation which was accepted and joined my L&LR dept. again. In the In 2009, i again appeared in Kolkata Municipal Corporation exam. and stood first there and joined KMC again on LIEN from L&LR deptt. I am still conctinuing my service.
My question is, am i eligible for joining the Police Service again? Would you please kind enough to explain in details?

regards,

kalicharan