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Sudhir Ranjan   08 November 2015 at 16:03

Penalty

Query regarding Implementation of penalty-
1. I am an officer of ‘Indian Railway Service of Electrical Engineers’ recruited through Union Public Service Commission’s ‘Engineering Services Examination-1982’ held in Aug’1982. I joined the service on 27-02-1985 along with other officers of IRSEE-1982 Exam batch.
2. In 2002, a Memorandum of Charges’ (Major Penalty Charge Sheet – SF/5) was served to me.
3. The case was finalised in July 2005 when the Disciplinary Authority imposed the penalty vide his order dated 25-07-2005. The relevant paragraphs of the Order of D.A. are as below-
“ 13. In view of the above, I hold both the articles of charge proved against Shri Sudhir Ranjan and hold him responsible for serious misconduct mentioned above. Ends of justice will be met if a penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is imposed on Shri Sudhir Ranjan, SrDEE/TRD/Dhanbad, which I hereby do.
14. Accordingly, the penalty of ‘reduction by two stages in the same time scale of pay for two years without cumulative effect,i.e., which will not have the effect of postponing future increments of pay’ is hereby imposed on the said Shri Sudhir Ranjan.”
4. An appeal against the above penalty order of DA was submitted by me on 26-09-2005 which was rejected by the Administration subsequently.
5. At the time of receiving the charge-sheet in late 2002, I was working as Sr Divisional Electrical Engineer at Dhanbad, in Selection Grade,i.e., in the grade 14300-18300 (5TH PC scales).
6. In 2004, promotion of officers of IRSEE (1982 Exam batch), to Senior Administrative Grade (SAG), were started. First officer of the batch was promoted to SAG on 21-05-2004. The officer just below me in the Seniority List of 1982 batch was promoted to SAG on 30-03-2005. However, I was not promoted due to the pending charge-sheet. Although I requested the administration to expedite the early finalisation of charge-sheet, it was not taken due care.
7. The charge-sheet was finalised on 25-07-2005. On implementation of penalty order dated 25-07-2005, my basic pay was reduced by 2 stages (i.e., by 2 increments) and frozen at that level.
8. After completion of penalty on 24-07-2007 , I was promoted to SAG on 03-08-2007. My pay was fixed at 18400/- in the scale 18400-22400, from 29-8-2007, when I actually joined as Chief Electrical General Engineer, at Bilaspur (CG)
9. I submitted a representation to Railway Administration stating that since the penalty was with non-cumulative effect, I should be given pay equal to my junior of original 1982 batch seniority list.
10. The Railway Administration replied that as per Railway Board Establishment Circular no.RBE 89/2005, such parity of pay will not be given to me, but my seniority will not be affected.
11. Upgradation of IRSEE 1982 Exam batch officers to Non-Functional HAG has been declared w.e.f. 29-07-2015. My name is not there in the list.
12. I have learnt through some reliable sources that my seniority has not been maintained at my original place with 1982 Exam batch, and has been reassigned with the batch whose promotion was in progress at the time I was promoted to SAG, i.e. , in Aug’2007.
13. This action has resulted in following additional implications, apart from my pay being reduced by 2 stages for 2 years ( which I would not have suffered, had this reduction not been there)–
(i) Less pay throughout, and smaller increments, right from the date of expiry of penalty, till date.
(ii) Loss of NF-HAG upgradation along with my juniors.
(iii) Expected delay in other career opportunities throughout my remaining service.
13. Is it correct implementation of a penalty with non-cumulative effect given by DA, as stated at para 3 ? Do I have any remedy ?



SUDHIR RANJAN

mohammed   08 November 2015 at 15:40

Regarding petition

How to withdraw a petition.

Note: FIR is not registered.

rishi   08 November 2015 at 14:19

Unspecified job

Hi,

I am working as a contractual Network Engineer for a MNC org in Bangalore.after 6 mnths of Job now employer asking to do field work, H/W installment & even a technician work. which are not matched with our job profile & not informed me at the time of joining so i refused to do this. now my parent company &
employer asking to give resignation without giving me notice period. I think it's not my mistake that they don't have any technical work for which they hired me. So please tell me how can i resolve this issue.

syed   08 November 2015 at 10:44

Ipc 441 323 506 and ipc 498

Sir,

I got job this year in Dubai . I recently went to India on my annual vacation. During this we had dispute with my inlaws and same night i left to Dubai.
Next day they sent police at my home and asked my presence . As i already left they went back. My parents were outside only my sister was home. We came to know that my inlaws put FIR on IPC 441 323 and 506 on me and my parents and sister.
Then after 5 days she put 498 case and LOC also on me and my parents.
we are now running between lawyer, police stations , women cell etc. my parents are very old but running door to door.
can you please advise me what i should do
i am in dubai and if i go to India they will arrest me. I want to clear this mess fast as i cannot see my old parents running without any reason. how can i remove the LOC .... my visa is going to expire next year so want to come out of this mess before that. Thank you please help

aananth   08 November 2015 at 10:37

Arbitration

Dear Expert

Any dispute in Foreign Direct Investment (Bilateral Investment Treaties), in Construction “Development: Townships, Housing, Built-up Infrastructure Sector/Activity, industrial parks and railway infrastructure, any dispute arises between investor – State, which dispute resolution mechanism will apply? Which Forum the investor has to approach in India?
Which Act and Rules to apply?
Thanks in advance

adish   08 November 2015 at 10:01

daughters share in property

Whether married daughters have share in there mother's property which is not an ancestrial property and father and mother both died before 2005. Mother has no will leaving behind one married son and married daughters.

Anonymous   08 November 2015 at 06:25

Remove shops as per notice recive from muncipal corporation

Sir,
1) A total Approximately 80 shops are give on rent basis from municipal corporation as per Agreement of 11 Moths
2) After 11 Months Not Renewel Agreements of All Shopkeepers.but paid anual rent regularly also possessions are approximately 15 to 30 years , municipal council also sanction transfer some a shop purchaser from original tenant after agreement renewal is not donea
3) In 80 shopkeepers 43 are Permanent Structure & Others are Tin Sheds
4) Now Municipal corporation is receive caveat from CJSD for as per development plan to develop a road at least 60ft so shopkeepers total shops are remove as above reason development a road
5) Also Came a Notice of All Shop Keepers from Commissioner Municipal corporation as per bombay provincial municipal corporations act, 1949 Section 81B Subsection 1 (b) (C) & Section 81 (2) for your Possession is illegal & Use illegally So Why Not remove Shops for a Public Purpose Develop a Road Call On Explanation of Writing & Also Hearing on Commissioner Muncipal Corporation
6) As Above Condition what Can to do? Can I File A Case ? Which Court (CjSD or Hiogh Court) ? Can Get A Stay on above Municipal corporation process? Which Court (High Court or Civil Court) ? Can Rehabilitation of All Shopkeepers in Suitable place Any Provision ? can i file case against municipal corporation for Rehabilitation of All Shopkeepers in Suitable place this purpose ? Plz Give Detail Acts Provisions & Also High Court & Subprime Court Sytations

Anonymous   08 November 2015 at 01:03

Re: Delay of Condonation of Delay in DV

I got final judgement order from LD. Trail court to pay maintainance under section 20 in PWDVA case on 28th April 2015. I appealed against the same on 27th May 2015 in the Sessions court under section 29. My opponent appeared thrice in the case and on 26th September filed appeal against me in sessions court after inordinate delay of 150 days stating vague reason that she lost the original copy of judgement which she found on 19th September hence this appeal which I objected but sessions court admitted the same . Now, wat options opened to me ?? Can I appeal in High Court for this time barred appeal without any sufficient cause.? If so under which section? It seems clearly that rather then defending her case she mischievously filed this appeal.

Legal   08 November 2015 at 01:00

Re: Delay of Condonation of Delay in DV

I got final judgement order from LD. Trail court to pay maintainance under section 20 in PWDVA case on 28th April 2015. I appealed against the same on 27th May 2015 in the Sessions court under section 29. My opponent appeared thrice in the case and on 26th September filed appeal against me in sessions court after inordinate delay of 150 days stating vague reason that she lost the original copy of judgement which she found on 19th September hence this appeal which I objected but sessions court admitted the same . Now, wat options opened to me ?? Can I appeal in High Court for this time barred appeal without any sufficient cause.? If so under which section? It seems clearly that rather then defending her case she mischievously filed this appeal.

ravindra kumar   08 November 2015 at 00:09

Property distribution

Dear experts,
My Father has purchased a house cost of 18 lacs in 2011on his name . I have contributed 5.5 lacs to purchase ,I have given amount by the cheque.we are two son from legally weded wife of my father. My father has another family having one daugther .now my father wants to give his all the property including that house to that daughter.now what we both brother can do.please suggest me.