Respected Sir,
The Coal Mines Provident Fund Organization (CMPFO) has been entrusted with the responsibility of administering the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 and different schemes framed there under. It is an autonomous organization governed by a Board of Trustees and functions under the overall supervision of Ministry of Coal, Government of India.
We administer the following Schemes:
a. Coal Mines Provident Fund Scheme
b. Coal Mines Family Pension Scheme (merged with Pension Scheme in 1998
c. Coal Mines Pension Scheme
d. Coal Mines Deposit Linked Insurance Scheme
All the eligible employees of coal Industry (public or private sector) are covered under the above schemes.
I joined CMPFO on 10.03.1989 as L.D.C. and attending the duties without any remark for all these years and without any adverse remarks and to the satisfaction of the higher officials. I am sincere in attending my duties and I did work with sincerity and devotion.
While I was working at Regional Office, Kothagudem, Khammam Dist. a case was falsely foisted against me by my wife due to the differences and misunderstandings in my marital life. On her compliant a criminal case was registered under section 498/A of IPC and section 4 of dowry prohibition act. On initiation of the said proceedings unfortunately I was detained in judicial custody on 28.11.1996 and on being arrested during evening hours and released on 03.12.1996. In the said circumstances on 09.12.1996 suspension orders were passed against me invoking Rule 10(2) of C.C.S. Rules 1965 w.e.f. 28.11.1996 by the Regional Officer, Kothagudem, Khammam, with the instructions of the Commissioner, on the ground of the criminal offence which was under investigation.
While the things stood thus I made representations on 30.04.1998 requesting for revocation of suspension order, since long time has been lapsed on passing of suspension order i.e. 09.12.1996 and subsequently there was neither extension of suspension order nor any departmental enquiry was conducted and as such I made request to permit me to join the duty. Likewise I made representations such as reminders to permit to join the duty through representations dated 30.01.1998, 29.11.2001. On 12.12.2001 the Asst. Commissioner forwarded the representations to the Commissioner to pass favorable orders by revoking the suspension order. As there is no immediate attention to my request I made further representations on 29.07.2002, wherein I brought to the notice of the Commissioner that I filed Criminal Appeal against the criminal case and the said appeal was referred to the Lok Adalat and a compromise was effected in between the parties where in my wife had withdrawn all the allegations leveled against me and an Award was passed by the Lok Adalat, District and Sessions Judge, Khammam on 17.09.2002 by an order of acquittal.
During the entire course of suspension period I was paid Subsistence Allowance at the rate of 50% for the first three months and 75% for the rest of my suspension period.
On 17.06.2003 while keeping the issue of permitting me to join the duties pending for more than 6 years the Commissioner reinstated me into duty by revoking the suspension order without regularizing the period of suspension. Though my continuous request to permit me to duty from the initiation of suspension order was pending before the management, unfortunately the management failed to take me to duty without any basis. On revocation of suspension order I joined duty on 30.06.2003 and I made representations requesting for regularization of period of suspension which is not extended after I made reminders for regularization of the period on 08.09.2003, 19.01.2004, 27.03.2007 by furnishing the copy of Lok Adalat with docket order. On my continuous persuasion a memo dated 17.05.2007 issued by the Regional Commissioner, Hyderabad to furnish the copy of the Award to submit before the Head Quarters in connection with regularization of suspension period. In fact I clarified the authorities that the Award copy was already furnished and to take necessary steps for regularization. However I forwarded a copy of the same.
Though the memo was issued on 17.05.2007 there was no further development and I made representation on 24.03.2009, 27.07.2010, 12.08.2010, 03.11.2010 and 27.09.2012 and in the said representations I requested the authorities to consider my request in sympathetic manner where in I am at no fault and the period of suspension to be considered by regularization of my and all the benefits to be paid where in I am fully eligible and I cannot be sufferer with any financial loss at the instance of the management.
During the month of February 2012 a letter received from the Chief Vigilance Officer of Head Quarters to the Regional commissioner requesting him to regularize my seniority, promotion and suspension period from 29.11.1996 to 28.09.2003, by grant of leave on receipt of my application for leave, under intimation to the Head Quarters. On receipt of the letter my Officer called me upon and told me the facts of the letter. I submitted that if I give leave for the said period i.e. from 29.11.1996 to 28.09.2003 (a total of 2494 days) I will be compelled to work without a day of leave for the rest of my service. Saying so I denied giving leave for my suspension period.
On considering the above said facts and the circumstances and as my issue is still pending i.e. the period of suspension i.e. from 29.11.1996 to 28.09.2003 was not regularized and am still continuing as LDC. I request your good self to kindly consider my case and let me know the rule position for regularization of period of suspension from 29.11.1996 to 28.09.2003 so that I can request my authorities to do me justice.
Regards
K.SITARAMA RAO
