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Om Prakash Dhusia (HR assistant)     21 April 2011

corrupt enjpy honest denied right to life

Dear Shri Gopal,

As a matter of fact you can not leave your DUTY STATION without written consent of your EMPLOYER and it amounts to grave MIS-CONDUCT though seldom this rule is applied but if you have fallen in the eyes of your employers they can invoke this to their benefit if found so.

I would sugeest to seek concilliation from your employer and if it is your only mistake as you have stated then they may be helpful to call you back on job.Regards.



Learning

 29 Replies

Om Prakash Dhusia (HR assistant)     21 April 2011

Dear Shri Gopal,

As a matter of fact you can not leave your DUTY STATION without written consent of your EMPLOYER and it amounts to grave MIS-CONDUCT though seldom this rule is applied but if you have fallen in the eyes of your employers they can invoke this to their benefit if found so.

I would sugeest to seek concilliation from your employer and if it is your only mistake as you have stated then they may be helpful to call you back on job.Regards.

Om Prakash Dhusia (HR assistant)     22 April 2011

Dear Gopal,

If you have the wherewithal to fight the case at appropriate forum, kindly go for it and don't be just emotional but practical. Writing letters to higher officials won't fetch you anything rather it would cause you much anxiety.Path of success has never been smooth especially in India.Best of luck.

Regards

Kumar Doab (FIN)     08 May 2011

Dear Mr. Soni,

Your posts are read with interest.

You have and you are fighting a long and protracted legal battle.

In your proposed reply, you may persist on the points raised by you e.g. :-

That the reply of respondent no.2 is void ab initio as it has not been issued by a

competent authority empowered to take disciplinary action against the post of Hindi

Translator

The said rules, provided under the Right to Information Act with

forwarding letter dated 10.11.2010 (ref. HO/CPI Cell/ 2010/ 083& 84 ) by Dy General

Manager, C.K.Gola, Head Office of NIACL, clearly spell out that manager rank HAS NOT

BEEN a competent authority

 

 

 

 

 

 

The said rules, provided under the Right to Information Act with

forwarding letter dated 10.11.2010 (ref. HO/CPI Cell/ 2010/ 083& 84 ) by Dy General

Manager, C.K.Gola, Head Office of NIACL, clearly spell out that manager rank HAS NOT

BEEN a competent authority

 

 

 

Mr. Kundra,who opted to

dismiss the applicant upon only “grave “ allegation of leaving Headquarters, without

any specific date or place of leaving HQ, on the basis of report of an “investigator” who

was never produced, was habitually leaving Headquarters regularly .

(Written admission of Pushkar Upadhyay,NIACL shall be presented as and when desired

 

That there is ho time limit for a decision on the “Memorial” and/or that memorial is not part

of the appeal process.

Fact: A brief look at the schedule of authorities would make it clear that “memorial” authority

has been always higher to (First) Appeal Authority. It is indeed in the nature of a second/

final appeal so as to prevent unnecessary litigation. The Printed “Book of Do’s

and Don’t’s” (one original copy has been available with the applicant workman) circulated

several years ago to every public servant of General Insurance Companies clearly spells out “

Promptly attend to complaints and grievances of clients and employees.This will build up

confidence of people in management ..” under (A) entitled, Good cponduct prevents

vigilance. A brief look at the charge memo would make it clear that the authorities

failed to sanction leave to the applicant instead issued charge memo after more than 6

months

(4) That in the absence any reply of respondent no.2,that is, from Chairman of the NIACL, the

seven pages reply dated 13.04.2011 is liable to be rejected; particularly in consideration of the

fact that Mr. Pushkar Upadhyay has nowhere stated in the said statement that he has been

given any authority on behalf of his superiors,including that of CMD, nor he has produced

any specific evidence to that effect in any annexure(s).

The only one authority empowered to take a decision in the matter of final departmental appeal

,before going to a court of law, has been the chairman of NIACL. It is pertinent that

reference of the applicant going to court of law(page 7) has been without any relevance.Many

officers,including management representative Mr.N.K.Gupta have gone to court of law.

That the orders dated 5.11.2009 & 16.11.2009 imposing punishment of permanent

removal of 6 increments and dismissal respectively, have been arbitrary orders issued in

the most irregular manner as respondent’s seven pages reply dated 13.04.2011 nowhere

mentions that permission of a superior authority was granted or a “note sheet” was

prepared before issuance of the aforesaid orders.

Both the “orders” seem to have been printed on the same day that is corroborated by the fact

that only orders dated 5.11.2009 have been dated & printed, however, “date” in the blank

dated order of dismissal 16.11.2009 has been inserted later by some unidentified person with

his/her handwriting. The intention ,apparently,seem to complicate the victimization.

It is submitted that the service conditions,of applicant workman,as admitted under

written letter dated 7.07.2008 of the Chief Regional Manager,NIACL Jaipur addressed to

you, cannot be altered, without prescribed “notice of change” ,as stipulated in the ID

Act-1947,a mandatory provision, with the arbitrary change of rules from GICDA rules of 1975

to NIACL CDA rules of 2003, the entire proceedings have been vitiated.

You have generated information and records thru series of RTI applications. Your company has no other option than to defend their action and prove you wrong.

During the training and development programmes, recruitment, the traners/recruiters stressed upon, IQ, then EQ ( Emotional Qutient), then PQ ( Persistency Quotient) and all along stressed upon Situational management. Persist and manage the situation.

Kindly keep the forum posted on proceedings.

Wish you all the very best.

1 Like

Kumar Doab (FIN)     09 May 2011

You may insist upon the copies of the bills issued at Delhi to Mr. Kundra and press that he has been habitually leaving HQ without any written permission on record.Moreover you have written admission of Pushkar Upadhyay.

How can Mr. Kundra enforce violation of rules which he himself has been violating.

Mallik Karra (Done with AIBE)     13 May 2011

Dear Mr. Soni,

 

Appreciate the way, you are taking this fight back to them. I must admit it takes courage and conviction to do what you are doing, but one thing what i've noticed and want to highlight is your Letter( Proposed Reply) stating how many corrupt are holding their rank & status and how an employee is singled out for one mistake.

 

My view: Just because they have committed mistakes and holding their Jobs does not make you eligible to regain your Job even when you make a mistake. If i were you i would not submit this as this may go against... please try reconciliation, coz here i see your intention is to get you Job back and not fight the corrupt.... Just a thought...........

Kumar Doab (FIN)     13 May 2011

Your case is on your tips.

The reply drafted by you is specific, and points out the excesses committed by the recalciterant, hard skinned, adamant, employees in the chair of authority, and it is evident they are habitual offenders.

Let the law of the land decide and take course of action on the basis of bare facts.

In case of non compliance the properties of the offenders can be attatched by the labour court.

The time spent by you and the  evidences collected by you can not go waste untill or unless the courts are also bent on not punishing the offenders.

You shall be able to book the offenders to serve their terms at the correction centres i.e. jail, if you persue the matter. Your case may become  be a landmark judgment.

All the best wishes.

 

Kumar Doab (FIN)     15 May 2011

Hope the ALC has recorded in the minutes that the respondent No. 3 himself  who was present, has stated in the court of law that the reply from chairman is shortly expected, and you have precured the certified copy of his statement.

It shall be worth to press upon  ALC to issue warrants/summons against Chairman, and if he does not gree to fix up final date with ,costs and damages and final warning , for specific reply to all points by Chairman, or the warrants/summons be issued to appear in person along with company manual.

Similarly press uopon for other absent respondent.

All are equal in the court of law be it Chairman .....

Kumar Doab (FIN)     23 May 2011

ALC has recorded that all respondents have agreed to abide by the written reply given by respondent number 1.

Your memorial is pending with Chairman and your company has submitted that there is no time limit for initiating the proceedings or deciding the appeal. They have also mentioned that it takes time to go thru all the (so phrased exhaustive records) records pertaining to the subject matter. They are trying to justify their misdeeds and take refuge in the faults in the system while they are paid for repairing it.

While in our Indian context the proceedings and decisions may take time but even in Indian context it is strange that no time is allocated even to start the proceedings. Is it possible to find and place on record including thru RTI who has done what on which date to your appeal (memorial) and based on what has been done so far with whom the file is stuck up, and who is next to work on it and how many are left to work on it so that the Chairman can apply his wise mind to deliver the justice/decision?

Evidently the company and chairman are engaged in obtaining legal opinion on all communications issued by you, issued to you and since you are found to be determined, they seem to be extra conscious so that they are not trapped and punished. Hence the delaying tactics and delay is being justified by a reply that there is no specific time frame allotted for memorial. You may appeal to the minister and if required PM/President to give the notification for allotting time limit. The Indian industry including insurance, is working on TAT system by which specific time is allotted for each task to each individual and in case of delay the employee is subjected to compliance proceedings and employment can be terminated. Is all of this for lower, first, middle ranks and nothing for senior and top management who get salary ,perks, protection which even gods may envy?

You should by all means make decision on memorial a part of conciliation proceedings and press for Chairman to issue decision.

Your appeal for presence in person of Chairman seems to be correct as it may exercise due pressure which they have seem to not have felt so far.

What is mentioned above is a heartfelt opinion. Kindly consult your learned lawyers for the steps you should take.

Kumar Doab (FIN)     24 May 2011

It shall be pertinent to mention that Chairman is the only authority to judge and decide memorial, therefore it is domain and no body else's to state that" no time limit is fixed to start the proceedings and decide the matter". Therefore no one other than Chairman can state so. Hence Chairman should not  ask that he shall adopt the statement of respondent number 1 and he should not be allowed to do so by the ALC.

Chairman should let know you and the court :

What has been assigned by him to whom, and what has been done by whom,what is left to be done by whom,who else has to what, and what time frame/TAT has been set by chairman for all, and after everybody designated by chairman has done what was asked by chairman, how much time chairman shall take to apply his wise mind to deliver his decision.If Chairman has to do everything by himself ( let him state that in writing) then what has been done by him so far, what is left to be done,and when he will apply his wise mind?

Your submisions are guided, pointed and intelligent, intended to get justice.

Kindly make them more specific to penetrate the mind of ALC so as to get directions issued to Chairman to appear in person, and submit his statement and not to adopt any one else's statements.

Momment by momment , inch by inch,You are getting close to get your honour restored.

 

 

 

Kumar Doab (FIN)     28 May 2011

The attachment CMD 26.05.11.docx could not be opened.

Kindly send in a fromat which can be downloaded.

Kumar Doab (FIN)     31 May 2011

You have mentioned in your posts that:

the officer of your corporation has been habitually leaving HQ.

If he was traveling  by train, use your resources and obtain copy of chart, ticket.

if he purchased ticket by Credit card/debit card, obtain transaction details,

if the ticket was arranged thru travel agent, obtain details, ( usually such men shall ask company travel agent )

if he used luxury bus, obtain copy of chart

if he used car, obtain details from toll tax plaza, state barrier,

if he used company car, ask for car log book, and work report filed by him

 

Nail Him.....

Kumar Doab (FIN)     04 June 2011

ALC has recorded your submission that Chairman should be asked to be present in next 7 days, and local representative's submission that they can not take any decision in the matter before ALC, and that 15 days time should be given.

On 03.06.2011, as per the letter, ALC has set next day as 14.07.2011(11am) i.e time granted to company is 39 days.

The conciliation proceedings are being dragged by the company. In place of 45 days these may prolong.

The details and facts mentioned in posts are preturbing.

From company’s point of view it shall be a matter of utter shame, and insult if despite many fancy, educated, experienced, employees having experience/qualifications and on top it knowledge of law, the chairman of the company shall have to stand in the corridors, and box in labor court, where there shall be no AC and waiters in uniform to salute and serve them water and ……….

You should submit that all the offenders, perpetuators, be asked to be present on all dates be it conciliation proceedings or in labor court, since they passed vindictive order and victimized you, and they have to justify their actions and they know the background and they have been dilly delaying the matter pending before a lawful agency and hence making mockery of law and the situation is now beyond tolerable limits. You have to penetrate the minds of the ALC, or judge in labor court.

Kumar Doab (FIN)     05 June 2011

 You have pointed out in your posts:

 -“It has been agreed, in writing, during proceedings dated 3.06.2011, that

dismissal had been ordered by an official who was not competent and that the

Chairman is the only competent authority to revoke the action.”

This has been highlighted by you time and again in writing to all concerned including to the ministry. Why the wise chairman has been sleeping over it, and what action has been initiated by him.

This gives another logic and reason and cause to order the chairman to appear in person, during all proceedings, and if he does not  he may be summoned and if he remains recalcitrant, a lawful action be initiated to bring him to the court.

It is assumed that the chairman has not made any note and has not ordered the vigilance to initiate or conclude the cases against a number of employees for which you have supplied proofs. Hence he is guilty and should be punished.

You have informed chairman about the correct date i.e. 14.06.2011 and he has sufficient time to book his tickets at companies’ expense.

 

 

 

-S.K.Kundra has been habitually leaving HQ and this has been agreed upon by the company. You must submit that company should place on record the docs on the strength of which company has admitted in writing the record pertaining to their statement(copy of medical bills),  leave application etc., if any requesting the company for leaving the HQ, sanction of leave, etc. Moreover after they have admitted it before a lawful agency, what action has been initiated by the company and on which date,, and who is the competent employee to initiate, and if not then why both of them be not punished by the company. You should also try by all means and all obtain the records. If your services can be terminated, invoking non communication rules then why not his.

 

-B.P.Yadav who issued orders of suspension/charge

memo during 2008 has not been the competent authority against the post

of Hindi Translator.

Knowing fully that he is not then on whose orders (verbal or written) he issued orders of suspension/charge memo during 2008. He is a culprit and party to the offence and should be punished for inflicting cruel and sadistic punishment leaving no means of income, which is equivalent to slow death.

 

Both S.K.Kundra, B.P.Yadav should be called in their personal capacity and should be present during all proceedings. Company having admitted should not grant any advance or sanction any expense to them for attending proceedings.

You shall see even if they are millionaires, they shall cry when they shall have to spend from their pocket to attend the proceedings.

Both of them till date despite infinite number of communications have not come forward on their own and accepted they were not competent to pass the orders and hence are guilty and have not stated or submitted any affidavit or have not stated before the lawful agency and supplied any proof to you and the lawful

agencies that they were competent. They are a burden on society and state and hence they do not deserve any leniency by you or courts and company.

B.P. Yadav is law graduate and hence has refined knowledge of law and lawful responsibility and as a law abiding citizen he is to persuade himself and others from wrongs and not to persuade himself and others to do unlawful activities.

He should depose before lawful agency at once and plead guilty.

 

-          Company has included the witness’s allegation that you were engaged in Hera Pheri, but has not acted on the cases in which the employees were caught red handed, and this is the knowledge of chairman also and still the cases are in Thanda Basta. Chairman being the highest authority in the company is guilty.

-          Company has included the derogatory remarks against the lady in the family of complainant. This is in the knowledge of all and chairman and being the authority chairman has not regretted.

 You are progressing in your case. You have now enough reasons, records, to mend their ways. However they if escape without any punishment shall be failure of all the pinful effort it has taken.

Best Wishes for restoration of your dignity and your honour.

Kumar Doab (FIN)     14 June 2011

As mentioned in your posts:

-You have visited the HO, and have informed the highest authority about promotion of employee against whom corruption matter is in record and who changed his name and was promoted after he changed his name.

This employee is an old employee and so are his superiors. Corrupt employee caught red handed are known to one and all in the company. Moreover the superiors are duty bound to keep in mind that such employees are not able to dodge the system and circumvent the process the law. Still this employee was promoted, obviously in connivance with corrupt system.

-You have time and again informed  Chairman, who at the highest position is duty bound and expected to be wise and unbiased and in case he is not able to decide with professional wisdom, should refer to the book and the book is certainly available.

Chairman has also decided to maintain studied silence, since to your RTI applications nothing concrete done by him have come out.

-You have once again prompted and cautioned chairman to prevent wastage of public money and decide your matter, by undoing the injustice meted out to you and penalize the offenders.

After waiting for reasonable time, you should weigh your options and proceed, in consultation with your senior and learned lawyers.

It is understood from your posts that you have enough record and evidence.

Once the case in referred to labor court, they may not reply to your pending RTI applications/or propose to  the other agencies and depts to reject your applications citing the matter is subjudice.

Kindly keep posted.

Wishing you all the very best.

Kumar Doab (FIN)     12 July 2011

You have posted that:

Balkishan Gupta the NIACL employee caught red handed while taking bribe, has confessed and stated that cut from the money is being  paid to B.P.Yadav. Surprisingly B.P.Yadav, is the employee handling disciplinary proceedings and appearing on behalf of the company in your case.

THIS HAPPENS ONLY IN MY INDIA.

Corrupt employee is appearing to plead punishment to honest.

It appears that your appeals, representations against corrupt system and files for taking action against corrupt employees both are conveniently put in "Thanda Basta"

The honorable chairman is somehow trying to protect the honor of the system and company with extra efforts, and is not acting despite that the facts are out in open and any one can drop the bomb anytime. They are pretenders and pretenders are always weak.

One should certainly admire the courage and capacity.

 

You have certainly used the RTI and suggestions with finesse.

It is felt that your case has become watertight and airtight. They can only pose as recalcitrant and adamant. The escape is becoming difficult.

 


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