debojit (drilling engineer) 17 July 2012

Bond transfer

i am working in CPSU. previousely i was working in a state PSU where i signed a bond with the organisation. when i applied for this organisation i was in training period .i asked my previous organisation to forward my application to this organisation. they told that as i was in training period thay cannot forward my application. then i applied personally. when i got selected for the interview, i asked my organisation for NOC. they provided me the NOC mentioning about the bond in it . later i got selected in my present organisation. after resigning from the that organsiation i requested the organisation to transfer my bond to the present organisation as per DPE rules. they didnot responded and aksed me to pay the amount. atfer that i took released fronm that organisation by signing a undertaking to pay the amount withing a year. after paying half of the amount, i again requested them to transfer the bond as per DPE rules. but now they refuses to transfer citing that i didnot applied through proper channel. my present organisation has no objection for transfering the bond.

now my question is that " are NOC and forwarding through organisation not proper channel?"

can i transfer the bond now ? as many of the candidate transfer their earlier bond to my present organisation only after applying through NOC.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 July 2012

CHAPTER II
PERSONNEL POLICIES

(f) Conduct, Discipline & Appeal Rules

16. DPE/Guidelines/II(f)/16
Model Conduct, Discipline and Appeal Rules.

The undersigned is directed to refer to BPE’s letter No.2(121)/73-BPE-GM.I dated 26.4.74 forwarding therewith a copy of Model Conduct Discipline and Appeal Rules which could be adopted by Public Enterprises and to state that it has been decided, in consultation with Ministry of Labour, Department of Legal Affairs, Department of Personnel & Training, Department of Pension and Pensioners' Welfare and CVC, to incorporate the following provisions as Rule 30-A:–

Rule 30-A (i) Disciplinary proceedings, if instituted while the employee was in service whether before his retirement or during his re-employment, shall, after the final retirement of the employee, be deemed to be proceeding and shall be continued and concluded by the authority by which it was commenced in the same manner as if the employee had continued in service.

(ii) During the pendency of the disciplinary proceeding, the disciplinary authority may withhold payment of gratuity, for ordering the recovery from gratuity of the whole or part of any pecuniary loss caused to the Company if the employee is found in a disciplinary proceeding or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of Section 4 of the Payment of Gratuity Act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after retirement. However, the provisions of Section 7(3) and 7(3A) of the Payment of Gratuity Act, 1972 should be kept in view in the event of delayed payment, in case the employee is fully exonerated.

All the Administrative Ministries/Departments are requested to advise the PSEs under their control to incorporate the above Provisions in their respective CDA Rules suitably. Action taken in this regard may kindly be intimated to this Department.

(DPE O.M.No. 15(7)/99(GL-021)/GM(DPE) dated 16th December, 1999)
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