Mugundhan
12 October 2010 at 19:38
Dear Experts, an enquiry officer in a domestic enquiry has conducted the enquiry and completed the proceedings. But he had not given the enquiry report. But now he says that due to his personal inconvenience and health problems, he is unable to give the report and has handed over the papers to the management? What should the management do now?
Anonymous
12 October 2010 at 17:34
I was being harassed for being a whistle blower for a long time.
The Department finally issued me a show cause notice as to why I be not compulsorily retired from service as major penalty .
The Department filed caveat through a Counsel that I would pray for stay of operation of Notice.
I served the advance copy of writ petition upon the Counsel of the Department on 20.09.2010.The matter was to come up for hearing on 21.09.2010.
On 21.09.2010 the Counsel of the Department informed the Court that they had compulsorily retired me vide an Order dated 18.09.2010 which copy was given to my counsel in court.
The office copy served in the Court had annotation made by a section officer issued today and dated as 20.09.2010.
On 21.09.2010 when I reached home i got the speed post and registered speed post letters showing posting time which showed these were posted only on 20.09.2010 clearly after the advance service upon the caveator.
The order dated 18.09.2010 stated I was compulsorily retired with effect from 18.09.2010 but as I said it stated underneath issued today and dated as 20.09.2010.
The 18.09.2010 was Saturday a non working day for my department.
It was predated to make my writ redundant.
My query is can the Order issued on 20.09.2010 though dated as 18.09.2010 compulsorily retiring me on 18.09.2010 Saturday valid and can I find any fault with this and claim any remedy? Is it not retrospective Order?
Please inform me as to the Course of action.
Anonymous
12 October 2010 at 17:14
Dear sir
i am working in powergrid as an assistant engineer since last four years on fixed tenaure of five years in the scale of 20600-46500.Right now my basic is 22520 with three increments.Recently i got selected for the same post as a permanent employee.the recruitment was directly interview based for experienced condidates.Now will i get the pay protection or not i.e. weather my basic will be 20600 or 22520.
Rakesh kumar
Rupesh
12 October 2010 at 11:10
dear experts,
pl.mail me the address of bahadurgarh, labour office, haryana.
TopAdvocates
12 October 2010 at 00:23
When the mala fides is observed by the Court and the Hon'ble Court is pleased to quash the charge sheet the entire administrative action falls nothing survives.
It will be further mala fide if the charges are picked up from the quashed by Court Charge sheet.
The objective examination should bring out some thing entirely new in the fresh charge sheet.
If so advised may , yes , mean CVC under the circumstances.
Let other experts with high scores like Raj Kumar Makkad and Subramaniam answer the query in public interest. They may even quote the case laws.
Anonymous
11 October 2010 at 23:46
When the charge sheet is quashed on the grounds of mala fides and the Court gives liberty to respondents to objectively examine and may issue a fresh charge sheet if so required and if advised can the same verbatim charges say 15 out 20 be re served picked up from the quashed by Court charges?
Does the "if so advised refer" to the First Stage Advice of the Central Vigilance Commission or some one else when there is an application of CCS (CCA) Rules 1965?
Anonymous
11 October 2010 at 20:45
I was charge sheeted in 2003. The High Court in 2006 quashed the charges having been found to be raked up, stale and retaliatory but provided respondets one more opportunity to objectively examine the allegations of misconduct of 1997- 2003.
This provided handle to the respondent No. 2 to re proceed against me. Whereas the Respondent No. 1 Central Governemnt remained neutral and did not objectively examine even though directed by the Court the Respondent No. 2 in which my junior was at the helms immediately served 15 out 20 charges that had been quashed by the Court having been found vitaited with mala fides. The catalyst was Government's Order that my junior could no longer act as Secretary and that I was to act as Secretary. He had no statutory powers while holding the additional charge of secretary under CCS cca Rules 1965.
The end of the game is that I have been compulsorily retired in an ex parte Inquiry.
Any advice for me please
Anonymous
11 October 2010 at 19:59
Is there any safeguard for a Whistle Blower or is it that the Disciplinary authority who is indicted and has personal interest can impose major penalty upon me.
If the penalty is imposed in the garb and in a farcical inquiry can I do any thing to claim relief.
Any precedence or any citation please.
Thanks in advance.
p k kapoor
11 October 2010 at 17:42
My employer is an educational institute under one of the Ministry, Govt. of India. It has appointed an agency for housekeeping services. The said agency is a proprietorship firm was run by an Ex-Army officer. Suddenly, due to death of the proprietor the firm has stopped its functioning. My employer has to pay/clear the arrear bills of the agency for the period for which the service was rendered satisfactorily. But, there is no existence of the firm now. However, the wife of the proprietor is praying hard and requesting us repeatedly to clear the dues so that outstanding salary to their employees can be released.
In view of the above situation, kindly help us with some legal guidelines for the following query:-
1. How to pay agency bills which has no existence on death of the proprietor?
2. What legal documents can be demanded from the wife/ legal heir if payment is to be released?
3. If payment is to be released, then in whose favour A/c payee cheque can be drawn legally?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
file an application directly LC
Dear sir,i was a medical representative posted in MP state, my management conducted domestic inquiry against me on 5th FEB 2008,inquiry finished on 16th Sept 2009,but management sent me decision on 23rd Aug 2010,deliberately. company discharged me from services,
during this period,company had been paying me only 50% salary,inquiry was totally mlafide,can i file a complaint in local labour court directly,in MP state?