Disciplinary proceedings
Bhaskar Ghosh
(Querist) 24 August 2012
This query is : Resolved
I convey the following information:
1. That I am a central Government employee working in Kolkata.
2. That I applied for LTC advance to visit Jammu & Kashmir for the block year 2010-13.
3. I was granted an advance amount by the office for the to and fro journey which includes Railway & Air fare as per LTC 80 norms.
4. As the journey was a long one and I had never been there before I and some of my office colleges took the help of a Travel agency to purchase tickets and make necessary arrangements for accommodation and sightseeing.
5. The agency was approached on the condition that:
a) The air tickets supplied to us should be purchased directly from the counter.
b) They should be preferably “Air India” tickets.
c) They should be according to LTC 80 norms.
6. When we were handed over the tickets it appeared that apart from being Air tickets of “Indigo” airlines the other conditions had been met with.
7. Following the prescribed procedure I showed copies of the tickets to the concerned authority within 10 (Ten) days of receipt of the advance amount.
8. I completed my journey as per schedule.
9. Immediately after my joining office some of my colleagues were suspended as the office authority contemplated disciplinary proceedings against them in the plea that they have submitted allegedly fake air tickets. I had no other air ticket and performed my journey on the same air ticket although the requisite boarding pass issued to me possesses a different reference number. It seems there is a nexus between the Travel Agency and the Indigo authority, in which I was made a scapegoat.
10. Neither I , nor my colleagues have submitted any adjustment claim before the office authority till date nor did the office authority inform me of any dubious document although the ticket was shown well before the journey date. On the contrary, the office authority has initiated an “investigation” on “Allegedly fake air ticket” against me and my colleagues.
11. On careful scrutiny it was revealed that the Travel Agency had duped me and my colleagues by “ manufacturing “ fake air tickets with higher amount and has purchased tickets of the lowest fare.
12. Moreover, I am also requested the office authority to recover the advance amount from my monthly salary. About 50 % of the amount had already been recovered by the office authority.
13. In spite of this out of mere vengeance and personal grudge the office authority is continuing disciplinary proceeding against me .
14. Under the present scenario I seek the following advice from you :
a) Whether the office authority can initiate disciplinary proceedings against me in spite of the fact that I have not submitted any adjustment claim for LTC purpose and have already returned more that 50 % of the amount taken as advance and continually returning the balance amount on a month to month basis. . If yes, what are the remedial measures available to me?
b) Whether the contention of the office that I had cheated the office showing tickets of higher air fare holds good and action can be initiated against me, in spite of the fact that I have not submitted any LTc adjustment claim to the office.
It has been a nerve wracking experience for me and I seek your valuable advice to cater the problem.
Please treat this as urgent and reply immediately.
Suresh
Devajyoti Barman
(Expert) 24 August 2012
14(a)&(b)
If you have not submitted the sir tickets for adjustment claim then where does the question of disciplinary proceeding arises?
No, it does not. However the situation becomes different if you may have applied earlier for adjustment but in the context of controversy regarding the air tickets you are now not pressing for adjustment.
One thing is clear in absence of your any claim for adjustment,no DI can commence.
Guest
(Expert) 24 August 2012
14 (a) Dusciplinary Action depends upon the investigation report of the investigator as based on your own explanation, if your statement has been recorded about the case. Mormally, exxagerated or justification or careless replies given by the employee to the questions of vigilance results in to disciplinary action. Remedial action depends upon the nature of the charge leveled on the employee on issue of charge sheet against him.
14 (b) Again depends upon the contents of the replies to the questions of vigilance, as might have been given by the employee.
However, when you have not put any claim to LTC, that can prove to be a plus point of your defence.
But, I would like to advise you to get all the concerned documents examined in detail by some service laws expert near your place to guide you appropriately or to defend you as a defence assistant if any charge sheet is issued to you by your department.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
There are many facts which you have to share.
Even if you hve not submitted adjustment claim yet you have submitted this tickets as regularisation of advance and the tickets are fake. Did office ask you to purchae tiocekts throught the said agent.
Why office should not believe that you are party to the huge difference of price.
You alreayd have opened other threads at
http://www.lawyersclubindia.com/experts/Personal-grudge-334056.asp
http://www.lawyersclubindia.com/experts/Personal-grudge-334046.asp
Bhaskar Ghosh
(Querist) 29 August 2012
Thanks for the reply
No, but the name of the agent is also not mentioned in the ticket, moreover
the office authority have just kept an unsigned copy of the fake ticket which they are trying to establish as given by me . Is it possible?
what are the remedies available to me in that case?
Guest
(Expert) 29 August 2012
The main question is, whether the charge sheet has been issued tyo you and the inquiry officer and the presenting officer have been appointed in your cas or not. If appointed, at what stage the inquiry is at present? If not, don't be so panicky before getting the things clear about the stand of the disciplinary authority. So, better have some patience and wait for issue of the charge sheet to know the exact nature of the charge as well as the documents and witnesses relied to prove the case against you.
Guest
(Expert) 29 August 2012
Moreover, proof of the copy having been given by you solely depends upon your signature, if available on the copy of the ticket.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
It is you who has to established that you gave a ticket which was not fraudulent. They may be having unauthentic ticket.
You have to meet some with entire set of papers. Piece meal queries on this forum will not be of much help. Rather reply based on half facts can be detrimental.
During inquiry you have a right to be defended through a service/retired Govt servant of you choice.
