RK yadav 27 August 2020

punishment

Previously (2-3y) I was transferred from a work station (A) to present work station/place(B) with in the district on administrative grounds, excess/shortage adjustment basis as a junior most in previous station(A). Iam not junior most at present station (B) and maked comfortable for family by shifting. I was not applied for transfer.
Recently even though there is no excess staff, Transfer order issued on repatriation basis to previous work station (A) with out any benefits, and the transfer order (copy to party) was not issued to me officially nor displayed on notice board, but circulated through whatsapp messages. On the day of relieving I was not accepted the relieving order as they are not issued the transfer order copy for expressing my (family) issues like children education and health condition etc. My case was transferred and I was not joined, and submitted sick through post to appointing authority & present work station (B) for one month after 15 days. The appointing authority was issued charge sheet for not joining and suggestive letter to join and attend to Department hospital for better treatment/check up. I was not responded.
One week Before the completion of my sick period Look Down was announced periodically, and the
salary was not paid during the lock down. after lifting the lock down the appointing authority issued enquiry and I revealed the facts and maked a request, at present due to CORONA VIRUSE pandemic situation (expressed) my willing to continue my present work station (B) and due to the pandemic situations unable to join the transfed work place (A).
Depending on the enquiry report the appointing authority issued "SHOW CAUSE REMOVAL FROM SERVICES".
I was submitted a letter to the appointing authority that the relieving letter was issued on the refference letter no E1/......….. which is not issued.(Transfer order issued on letter no E2/..........) .
and requested to validate the relieving order issued and resolve the issue by continuing my present work station B along with my salary arears.

?WHAT IS THE LEGAL PROCESS TO ACCURATE FOR GETTING MY PRESENT WORK STATION (B) DUTY AND THE SALARY AREARS Because my transfer was issued to effect/ favour/give other people's transfers at both the places as their loyalpersons.
MAKE A SOLUTION Legal & Loyal Thinks fit...........
thanks.@

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3 Replies

Dr J C Vashista (Advocate) 27 August 2020

Repetition of same story at https://www.lawyersclubindia.com/forum/-removal-from-service-during-lock-down-212167.asp

G.L.N. Prasad (Retired employee.) 27 August 2020

As already informed there is defiance, insubordination and disobedience manifest in every action. Because Govt has not given a posting to the place where you liked, you stopped reporting to duty in Government office, look out notice was issued, Show cause notice was issued, inquiry was conducted, your opinion was solicited, instead of expressing regrets for your previous conduct and submit as to the reasons for not dismissing you the service you have represented to Govt to retain at a place which you like. And also you are projecting COVID position and throwing the blame on Govt that they should not take any action, as Govt has taken action as per laid down norms at each step and followed principles of natural justice. You wanted to file suit against Government for removing you during COVID situation though it is not the reason for your removal.

First protect your job and contact your Unions and their advocates for a remedy. You can not expect any remedy from this forum and in your case it is too advanced stage and only a surgery is required.

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