Anonymous
26 October 2010 at 19:54
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.
Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?
Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?
Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"
Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.
Kindly reply quoting case laws , if any.
roshni.justin@yahoo.com
Anonymous
25 October 2010 at 18:14
My father expired in the month of Sep2009, he was working with a Punjab Govt Dept. From some resources i came to know that there is a component called HRA Allowance (paid for 12 months )which is paid to the family of deceased if deceased and his/her family is residing in the rented house. I marked a letter along with a copy stating that rule(picked from Rules book, Punjab Govt.) to my father's Dept. but till date i have not been paid with this amount or not even the dept. has reverted me for that letter.
Kindly guide if there has been any such rule of paying 12 month HRA to the family of deceased if they are residing in a rented house.If yes, how can i fight for that.
Anonymous
25 October 2010 at 14:55
Hi. My query- Is a person who has resigned during her probation period, eligible to payment of bonus act, could you please guide me as to which section says so.
I am not sure if anyone has earlier asked this question. I have searched for an answer. Failing to get an answer I am asking this question. Apologies to the experts, if they have to answer my question, which they might find it repetitive.
I hope to my experts will help me in this.
Thank you to all and god bless.
Anonymous
25 October 2010 at 12:20
Sir, I had served with one of the Public Limited Co. for 3.5 Years. At the time of my appointment, they had put the condition in my appointment letter for three years bond period and in that too three months notice period before resignation. I had comleted three years bond period. But on getting a better opportunity, I resigned the Co. without completing three months notice period and I have not been paid my dues by the company. I need your opinion that :-
1. What the conditions in which three months notice period is applicable to an employee.
2. I was just a Stenographer.
3. I resigned from the Co. without serving three months notice period. They had already deducted Security Deposit from my salary started immediately my joinging month for one year and not yet paid to me.
4. Bonus also not yet been paid.
5. Encashment of my balance leave is also pending with them.
Can an employer insert three months notice period in a three years bond letter?
I request you to kindly advice your opinion that is there any possibility under which I can get my all dues paid to me. What legal action a company can initiate against the left over employee in such case? I shall be very thankful to you for providing me your valuable opinions and rules etc.
With regards.
Anonymous
25 October 2010 at 11:35
ex service personnel has been provided cash less medical facility from pvt hospitals by recent order.
now as the medical benifit is already available to them is esi contribution will also be complosury for them
P.ESAKKIMUTHU
24 October 2010 at 21:37
I was informed that there is a judgment of SC that resignation amounts to retirement for the purpose of computing pension.Can anyone quote such decision
Anonymous
24 October 2010 at 20:36
Are the employees of the autonomous bodies fully funded by the Government of India covered under Labour Laws?
I remember having read a judgment of Karnataka High Court to that effect. Will some expert please quote the Law.
Who is accountable for the misuse of Public funds in the autonomous body which is fully funded by the Government of India?
The Government says they give Grant in Aid. The Chairman and the Members of the autonomous body are reported upon adversely by the Comptroller Auditor General of India but the copy of the Audit is sent to the Government who say it is autonomous body they have nothing to do.
The CBI has reported adversely the Chairman and other officers of the body but the Administrative Ministry sits tight and send the report to the same very officers of the body who are misusing public funds.
Please tell me who is accountable and what can be done. The senior most regular officer of the body who dared to report about corruption gets side lined and is removed from service of the body on the basis of an Inquiry Report procured by payment of about Five Lakhs under the garb of Disciplinary proceedings where the Disciplinary Authority has unlimited powers.
What is the solution to the problem of the Chairman and other members eating away the Public funds and all complaints of the same also be marked to them?
Anonymous
24 October 2010 at 20:31
Sir,
As stated earlier I am a whistle blower of corruption who was retaliated against with suspension and issuance of a charge memo.
It took me more than three years to get the justice which quashed the memo of charges and the order of suspension but gave liberty to the respondents to objectively examine the allegations of misconduct which are 7 to 13 years old.
The respondents seized the opportunity to re -slap the 15 out 20 charges that had been quashed by the High Court on the grounds of mala fides. The charges re served were ditto copy of the charges quashed by the Court.
The Organisation in the hands of my deputy director appointed a retired High Court Judge who charged more that Rs Seven Lakhs to hold me guilty in the manipulated ex parte Inquiry Report.
The material documents were never given to me despite my requests. The end of the story is that I have been compulsorily retired as a penalty despite the advice of the CVC to issue to me Censure. The First Stage Advice of the CVC was neither obtained before issuance of charge sheet earlier nor on the second occasion.
My Advocate is intelligent but dead slow and though assures me the moon but I do not know if anything will come out if one is pitted against the organisation.
Please tell me how much pension will i get and what other as my last basic pay was Rs 45000/- and I have completed 15 years of service.
Should I pin any hope ? I find Mr Subramanaian is in Chennnai and here you do not know who you get to act as your advocate or as your opponent's advocate.
Please advice.
roshni.justin@yahoo.com
Anonymous
24 October 2010 at 13:52
please guide me and brief as under.
i was convicted by the court of law under section 409 of ipc and awarded punishment of fine of Rs.10000/- and of one year . I was deposited the fine amt and granted bail in respect of imprisonment. Consequent upon my conviction I was awarded the punishment of "Dismissal from Banks Service without Notice" on 14.08.2010
under Regulation 10(1)b(i) of Banking Regulation Act 1949.Thereafter I preferred an Appeal before the Additional Session judge.against my conviction.My appeal accepted and I was ACQUITTED of the charge on.20.07.2010 I have preferred an appeal dated.24.09.2010 against the Dismissal Order passed by the Disciplinary Authority (AGM.ZO.UJJAIN.M.P.)aglonwith acqutal order passed by Additional Session Judge Agar Malwa. BUT BANKS APPELLATED AUTHORITY CANNOT PASS ANY ORDER FOR REINSTATEMENT WITH THE PERIOD OF DISMISSAL SPENT BY ME.
PLEASE GIVE ME ADVISE AND S.C RULLING IN FAVOUR ME FOR BACK WAGE AND BENIFIT AND PROMOTION IN BANK IN HIGHER GRADE. BANKS ALREADY COMPLITED DEPTMENTLY INQURY AND PUNISHMENT AWARDED WITH THREE INCRIMENT FOR THREE YEAR IN SAME CHARGE OF CRIMINAL TRIAL IN PAST.
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Withdrawal from PF
One employee has been terminated from his services. he submitted Form 31 for partial withdrawal from his account, which is supposed to be for final withdrawal. and the reason cited is "illegal termination". can ex employee mention such reason for withdrawal of advance. is he right to submit form 31. can the company refuse to sign wrong form.