Appeal againt punishment orders
rajiv
(Querist) 29 November 2012
This query is : Resolved
how to draft appeal againt punishment orders. i am served SF 10 with charges ofthe tampering of financial statistics and sale figure position.
plezse help me is this reply is ok
ajay sethi
(Expert) 29 November 2012
you have to deal with the allegations in detail . explain how you have not manipulated financial stastics and sales figures . contact a local lawyer .
rajiv
(Querist) 29 November 2012
Date:
From
ABC
(Emp Code……….)
To
Appellate Authority
Through Proper Channel
Sub: Appeal against the penalty order passed by Manager. (C & IT)/ EZ dt 02.11.12
Respected Sir,
In connection with sub & ref. above I am served with SF 10 dt 11.09.12 which was replied by me dt 21.09.12 on the contrary my increment for 3 years is stopped – a severe punishment. I am still of opinion that I have not committed any kind of crime and prefer an appeal on the ground stated below:
PREFACE: I was ordered to look after the work of store keeper in may 10 without giving any charge of stores and since the date of joining in the store I dealt with the work of store only till the date of handing over my charge on 12/07/12.The computer operated by me during my tenure in XYZ was being operated by other departments/Individuals of other department which was infected with viruses. I, my own level best, tried to get it corrected by installing antivirus tools. To be more cautious, I preferred to upload data online instead of offline. Simultaneously the hard copies were also made up to date which I handed over to the person taking over from me which is enclosed herewith. Handing over - taking over report was duly verified and countersigned by Exe (fin) which confirm the correctness of statement. I submitted my explanation, stating therein all the factual position of my work at XYZ
Charges and replies:- There are two charges against me . First is the tampering of financial statistics and sale figure position. But being the store personnel, I am no where connected to sale position or any financial data. Although I have submitted all the records of stores at XYZ. Moreover I have earlier said that all the entries are made in ERP as well as books of stores which is real time mandatory daily routine. Any data once entered cannot be changed; the system of ERP in itself proscribes any alteration in figure. Secondly and more importantly enough, change could only be possible with the consent of higher authority at corporate. I think there is no meddling or interference in the financial statistics or sale position figure when the same is available in hard copies maintained
in plant as well as per prevailing practice, submission of the same online daily to superior offices which may be verified as no deletion/erasure /addition/cutting/overwriting etc has been done in the same. Further, One thing is also more important that the yearly reports submitted upto MAR, 12 to finance division were also based on data entered into ERP system. So far as my memory goes during the entire period of my service in stores of XYZ, I was never asked to keep the day to day data of receipt/ issue entered into computer preserved. Not only that I also did not find any record in the office to that effect. And there is no such instruction that the data has to be preserved off line. Therefore it is not compulsory that off line has also to be preserved. However the data was entered and available on line till the date of handing over charges to the recipient. Hence the charge of tampering is baseless and not founded on evidence as well as logic. So change in figure or alteration or deletion or otherwise in financial statistical figure leading to embezzlement or otherwise was not possible for me.
The Second charge against me is financial embezzlement I have nothing diverted fraudulently for my own profit. In fact, I have not embezzled anything nor I have hush up any figure for my own gain. Hence a financial embezzlement charge is also not proved against me. In fact, the second charge has been framed against me in anticipation of the first charge being proved.
Sir my submission is based on records and is factual & there is nothing any ambiguity therein, if you please consider, may be verified / clarified from the records available in the finance wing & sale wing so that transparent truth and matrix of these charges may come to floor. I am a devoted worker of the XYZ and during my entire service; I have not faced such an embarrass situation. This severe punishment will cripple me economically in the days to come, months to come; years to come and will put me into deep troubled hardship. It is also giving me perennial mental agony. Therefore I am to request that I may be declared free from the blame & severe punishment order imposed on me may be set aside and oblige me.
Yours Faithfully
rajiv
(Querist) 29 November 2012
do you think afoesaid reply is ok
Kiran Kumar
(Expert) 29 November 2012
Your points raised are ok, but still its advice to seek help of some local lawyer so that the facts and presented in a proper manner.
You may argue your matter at your own but atleast the presentation shall be in order.
rajiv
(Querist) 29 November 2012
do you think this is in order or not because the punishment order says not to go through any leagl ways or tribunal etc.
Kiran Kumar
(Expert) 29 November 2012
Well, you need not to bring the lawyer in front of the Appellate Authority. But in case the matter is to be taken to the court at some stage then a properly drafted and well formatted pleadings will help you.
rajiv
(Querist) 29 November 2012
are u an advocate
rajiv
(Querist) 29 November 2012
can you help me in drafting this
Raj Kumar Makkad
(Expert) 29 November 2012
Such drafting help should be taken from lawyers from local bar instead of this site as many documents are to be studied for definite drafting.
