Legal advise


I am Ph.D. in Commerce and also qualified UGC-NET and having throughout first class background in Commerce with more than six years’ experience in government and private sector.

I worked as an Accountant in the Central Warehousing Corporation, A Government of India Undertaking, under Ministry of Food & Civil Supplies and holding a regular post. I had applied for the post of Assistant Registrar at National Institute of Technology, Uttarakhand, an Autonomous Institute, under Ministry of Human Resource Development, Government of India through proper channel while working in the Central Warehousing Corporation. Consequent upon final selection in NIT, I resigned and relieved from the CWC on 31/07/2013 and joined NIT on 05/08/2013. I resigned from CWC and at that time I was not aware about lien, hence I was silent about it while resigning from the CWC. {1. Kindly advise me on my eligibility to rejoin the CWC under lien, if any.}

 

I was appointed on probation initially for two years on the mentioned post in NITUK. The employees of NIT are covered under Central Civil Service Rules. NIT, Uttarakhand is a newly established (in 2009) Institute by the Government of India though NIT Act, 2007 under eleventh five year plan.

 

The Director wants unilateral control over the system hence he didn’t appoint Registrar or any senior official and/ senior faculty members. He was involved in corruption and he used to pressurize all the faculty members and officers in performing his illegal authorized practices. Due to regular differences in implementation of rules, regulations and guidelines’ I was terminated from the service of Assistant Registrar on 31/10/2014.

 

During first ten months of service there was no any communication from the Director on my performance. Later on, he has started issuing Memos’ to me and issued total nine show-cause notices, memo, notes on performance on my duties. I had replied for almost for every query with due support of enough evidences. I tried my best to explain and convince him that my performance was up to mark and there were not negligence in performing the duties. I had discussed the matter with the Director verbally many a times. He was constantly telling me to take benefit of my position (I haven’t any proof to show now) but I never did. He had hired consultants to find out petty mistakes in my activities. The entire administration was engaged to check my activities even from class fourth to class first.

Basically the difference was started from placing a purchase order worth Rs. 3.86 crores through his known agent of his home-town itself. This order was to purchase proprietary items of Lab view equipments manufactured by a single producer in the world i.e. National Instrument, Germany.

 

As per General Financial Rules, 2005 to procure proprietary items tendering is not required. To place this order I had received more than 150 calls in a single day from him and his near & dears from Nagpur (his home town). He sent an email to the Chairman, Board of Governors, (nominated by the President of India and he is techno-industrialist & not getting salary) to place this order. This email was sent because as per delegation of financial rules issued by Government of India, he is empowered to purchase upto Rs. 25 lacs only and for onward purchase, approval of the Chairman, BoG is essential. The Chairman has approved the proposal on email. The same email was forwarded to me to place the order and accordingly I processed. The same approval (by email) has to be put up in finance committee for post facto approval of all committee members. The Director has changed this document very cleverly and technically. The important objectionable items i.e. name of supplier, value and discount etc. were removed from this email while putting the document in the finance committee. He sent an email to the chairman for approval containing the brief summary of the purchase and got the approval. The same has to be put in the finance committee for approval of the committee, but it was changed systematically. The important factors like price, supplier and discount were removed from the page, put up the finance committee. Copy of the agenda was never given to me. That finance committee meeting was held in temporary campus of the institute in Srinagar. This changed email was signed by the Chairman, BoG on the verbal request of a board member i.e. Director, IIT- Rorkee.

 

In reply of one of the memo, I had mentioned this forgery very clearly with evidences. A copy of the same reply I had also sent to the chairman, Board of Governors (Chairman is the same for BoG and Finance Committee).

After going through this reply he got disappointed and stated behaving very abnormally. The Director called a meeting and said publically that now he will take action. There were numbers of circumstances in print and electronic media showing mal-practicing and corruption in performing the duties by him. 

 

Later on he started threatening to everyone who is raising voice against him. In this tune he has given two memos to a female faculty member and due to utter pressure she has consumed ten sleeping pills at a time. I took her to the hospital out of humanity and undertaken high risk consent letter generally required to get admit such patient. This episode was widely covered by the media. But, the Director managed the media in such a way that only my statements were highlighted. Whereas the statements of others officials were ignored intentionally.  She was discharged from ICU of the base hospital, Srinagar after keeping her under observation for about 20 hours. Her husband has registered a complaint in the local police station, which was registered after waiting for more than 2 hours. Instead of registering a complaint against the Director the police was suggesting us to settle it as a routine case.

 

The Director presumed that this episode was created by me because I called him first and took permission to take her to the hospital. I was terminated because I was constantly raising voice against corruption, humiliation mental torcher.

 

The Director was appointed due to his political links with congress party even though his academic profile is not so strong. Now I had approached to more than 30 authorities (CBI, CVC, Anti-Corruption, Human Rights Commission, President of India, Prime Minister, Finance Minister, Law Minister, Home Minister, Human Resource Development Minister, Cabinet Secretary,  Chief Minister and Governor of Uttarakhand, Chief Secretary & Lokyuta Uttarakhand, District Magistrate & Superintendent of Police of  Pauri Garhwal district, Chairman and all members of the Board of Governs, Lok sabha & Rajya sabha Chairperson, Registrar- Supreme Court of India/ High court of Uttarakhand, Law Commission of India etc. ) to look into the matter but none them has replied.

 

Whether there is any possibility to challenge this decision in court. Most of the termination cases were rejected in court of law in its first instance itself. This is not only a question mark on my performance but this is a live example of victory of open corruption, malpractices, injustice and dictatorship.

I had organized a press conference before leaving the office on 31/10/2014 and presented the copy of all memos and replies having more than 300 pages with evidence. It was covered by the media but maximum local media was managed.

Finally, on 30/10/2014 my service was terminated with immediate effect. The termination order with one month salary was given to me but I had denied to accept the termination order. Then, the Director sent the termination order on my email.The one month salary was transferred in my salary account through NEFT. Later on the same was sent at my permanent residence by speed post but I returned.

 

 

{2. Kindly advice me, should I file a writ in the High Court to revoke my termination.}

 
Reply   
 

Hi,

I am working with PVT bank and we have a notice period of 90 days. I have been selected in another company and they are not ready to wait for 90 days.

Kindly suggest what i can do.

Additional Information:-

I am having 30 PL's and can give 30 days notice also ready to pay the amt. for remaining 30 days.

However, I have doubt what if my unit head will not accept this and forced me to give 90 days notice.

Kindly assist on this. 

 
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