LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Displainaery actions

I AM RETIRED EMPLOEE FROM AP NORTHERN POWER DISTRIBUTUION COMPANY, WARNGAL AP. DURING MY JOB AS CASHIER I HAVE BEEN TAKEN CONFIDENTIAL MEMO FOR THE MISTAKES AND SUBMMITED MY EXPLANATIONS TO THE  UNIT CONTROLLING OFFICER. LATER ON HE REALISED MY ANNUAL GRADE INCREAMENT WITHOUT ANY OBJECTION OR DROPPING THE MEMO OR WARNING.

AFTER 4 YEARS THE SAME OFFICER WHO IS AUTHERISRED TO AWARD THE PUNISHMENT,  HAVE BEEN SUBMMITTED THE ABOVE MISTAKES TO THE CORPORATE MANAGEMENT AT TIME OF FINANACIAL ALLEGATIONS WHICH HE HIM SELF INVOLVED TO ESCAPE. HE USED ME AS SCAPE GOAT.

THE COMPANY IS INCLUDED MY NAME IN THE DEPARTMENTAL ENQUIRY AS EX- CASHIER AGAINST THE FINANACIAL IRREGULARITES OF THE UNIT AND SURVED NOTICE 6 MONTHS BACK BEFORE RETIREMENT. I HAVE NOT RECEIVED ANY CHARGE SHEET OR CONFIDENTAIL MEMO EVEN LAPSE OF 6 MONTHS.

THE SAME CONTROLLING OFFICER ALSO RELEASED THE LAST ANNUAL GRADE INCREMEANT WHICH IS DUE. HE ALSO FARWARDED MY PENSION PROPOSALS WITHOUT REFREING THE DISPLAINERY CASES RECORD. 

 NOW I AM RETIRED, MY TERIMINAL BENIFITS ARE WITH HELD BECAUSE OF ABOVE REASON. PLEASE INFORM HOW MUCH EXTENT I AM RESPOSIBLE FOR THE JOB OF CONTROLLING OFFICER WHICH HE SUPOSE TO FALLOW THE ADMINISTRATIVE PROCEDURES FOR THE SUBORDINATE CONTROLL WHILE I AM WORKED AS EX-CASHIER.

PLEASE SUGEEST ME WHAT TO DO ?



Learning

 16 Replies

Hemang (Advocate)     08 June 2013

No punishment can be imposed after the retirement has taken place. However, the employer would generally withhold the monetary benefits till the out come of the Disciplinary proceedings, or fact finding inquiry. But action of withholding is improper. Approach the authorities under PF and Gratuity. They would pass necessary order directing the Corporation to release the amount with interest. 

HIRAL THAKKAR (ADVOCATE )     08 June 2013

You can file proceedings under 33(C) (2) of IDA.

 

Further you can forward your grienvances to the nearest area labour commissioner.

 

Regards

Sudhir Kumar, Advocate (Advocate)     09 June 2013

you hav ento bee able to describe the problem fully. Please take help of someone who knows correct English

 

whether you received simple memo or chargehseet.

 

niranjan (civil practice)     09 June 2013

You may insist for early completion of DE is the best way.

Sudhir Kumar, Advocate (Advocate)     09 June 2013

have you got  PF


(Guest)

Sir,

 I am passed the message in Short manner. I am herewith enclosing the copy of Letter which I am submmitted to the Management of the Company.  I claimed SEL only.  MY gratituty & Commutation of Pension is held up. I have not received Confidentaial Memo or Charge sheet till date.  Kindly go through the file and sugesst me accordingly.


Attached File : 559252452 nkpdoc 1.doc downloaded: 54 times

Sudhir Kumar, Advocate (Advocate)     09 June 2013

even best astrolger cannot undertnd your case without papers.  Meet  nearest lawyer with papers.

Sudhir Kumar, Advocate (Advocate)     09 June 2013

have you got PF 

 

you are not replying the simple  question


(Guest)

Mr SUDHIR, Dy DIRECTOR,

I DON'T HAVE THE P.F. ACCOUNT.  YOU ARE Dy DIRECTOR AND NOT MENTIONED THE FACULTY. FOR MY CASE A BEST EXPERINCED HUMAN RESOURCES MANAGEMENT (HRM) PRACTITIONER ENOUGH RATHER THEN ASTROLGER. 

THANKS FOR FINAL ADVISE


(Guest)

WHAT IS FULL FORM OF DE ?

Sudhir Kumar, Advocate (Advocate)     10 June 2013

DE is Departmental Inqruiry where you are eligible to be represented through (subject to provision o fyou  CDA Rules) a service/retired Govt employe.

 

Come with facts of the case and someone will be able to advise well.

Sudhir Kumar, Advocate (Advocate)     10 June 2013

I have spend number of years working in HRM field in Govt organisations and exerted in disciplinary matters having even handled number of frauds.

 

Many querist have received successful advise.  You are not coming with vital facts and are not able to get my free and charitable advise.

 

I AM RETIRED EMPLOEE FROM AP NORTHERN POWER DISTRIBUTUION COMPANY, WARNGAL AP. DURING MY JOB AS CASHIER I HAVE BEEN TAKEN CONFIDENTIAL MEMO FOR THE MISTAKES

 

What were the mistakes?

What was the amount involved?

AND SUBMMITED MY EXPLANATIONS TO THE  UNIT CONTROLLING OFFICER. LATER ON HE REALISED MY ANNUAL GRADE INCREAMENT WITHOUT ANY OBJECTION OR DROPPING THE MEMO OR WARNING.

Questions:-

Whether it was only a memo or it was a chargesheet (chargesheet is also having a covering memo)?

 

How increment was linked to memo/chargesheet (increment cannot be stopped unless there is order of disciplinary authority to impose such minor penalty ()after following the  procedure)

 

When did you receive such memo?

When did you reply?

When did you retire?

AFTER 4 YEARS THE SAME OFFICER WHO IS AUTHERISRED TO AWARD THE PUNISHMENT,  

When he was himself involved then why did he sou-motto submit the papers to higher officer?

Whether he himself received any memo?

 

HAVE BEEN SUBMMITTED THE ABOVE MISTAKES TO THE CORPORATE MANAGEMENT AT TIME OF FINANACIAL ALLEGATIONS WHICH HE HIM SELF INVOLVED TO ESCAPE. HE USED ME AS SCAPE GOAT.

THE COMPANY IS INCLUDED MY NAME IN THE DEPARTMENTAL ENQUIRY AS EX- CASHIER AGAINST THE FINANACIAL IRREGULARITES OF THE UNIT AND SURVED NOTICE 6 MONTHS BACK BEFORE RETIREMENT.

 

What do you mean by NOTICE 6 MONTHS BACK BEFORE RETIREMENT ?

 

 

I HAVE NOT RECEIVED ANY CHARGE SHEET OR CONFIDENTAIL MEMO EVEN LAPSE OF 6 MONTHS.

 

THE SAME CONTROLLING OFFICER ALSO RELEASED THE LAST ANNUAL GRADE INCREMEANT WHICH IS DUE. HE ALSO FARWARDED MY PENSION PROPOSALS WITHOUT REFREING THE DISPLAINERY CASES RECORD. 

What need to be seen is whether at all you had a disciplinary ban while pension papers are submitted as you yourself believe that there was no chargesheet?

 

 NOW I AM RETIRED, MY TERIMINAL BENIFITS ARE WITH HELD BECAUSE OF ABOVE REASON.

 

Your terminal benefits can be held if you have undergoing a major penalty chargesheet at the time of retirement and that too not for indefinite period.

 

PLEASE INFORM HOW MUCH EXTENT I AM RESPOSIBLE FOR THE JOB OF CONTROLLING OFFICER

 

Without above material nobody can judged whether at all you are responsible or if  so to what exte3nt

WHICH HE SUPOSE TO FALLOW THE ADMINISTRATIVE PROCEDURES FOR THE SUBORDINATE CONTROLL WHILE I AM WORKED AS EX-CASHIER.

 

Without above facts ………….?


(Guest)

 

I have spend number of years working in HRM field in Govt organizations and exerted in disciplinary matters having even handled number of frauds.

 

Many querist have received successful advise. You are not coming with vital facts and are not able to get my free and charitable advise.

 

I AM RETIRED EMPLOEE FROM AP NORTHERN POWER DISTRIBUTUION COMPANY, WARNGAL AP. DURING MY JOB AS CASHIER I HAVE BEEN TAKEN CONFIDENTIAL MEMO FOR THE MISTAKES

 

1 Q What were the mistakes?

 

Ans :  The clerical mistakes had been taken place while writing the Cash Book as cashier. The same had been rectified through JE in the same Month. Cash TB is also tallied during the Month and Annual Accounts..

 

2 Q What was the amount involved?

 

Ans;  No physical amount is involved.

 

AND SUBMMITED MY EXPLANATIONS TO THE UNIT CONTROLLING OFFICER. LATER ON HE REALISED MY ANNUAL GRADE INCREAMENT WITHOUT ANY OBJECTION OR DROPPING THE MEMO OR WARNING.

 

Questions:-

 

3 Q  Whether it was only a memo or it was a charge sheet (charge sheet is also having a covering memo)?

 

Ans : I received ordinary Memos only. But I received one final Confidential Memo by covering old memos.

 

4 Q  How increment was linked to memo/charge sheet (increment cannot be stopped unless there is order of disciplinary authority to impose such minor penalty ()after following the procedure)

 

Ans : The release of Annual grade Increments  are linked with attendance, absenteeism,    clearance of confidential Memos. The controlling Officer has to satisfy before releasing the Annual grade increments.

 

5 Q When did you receive such memo?

 

Ans:  27.01.2011

 

6 Q When did you reply?

 

Ans: 31.01.2011

 

7 Q When did you retire?

 

Ans: 31.05.2013

 

AFTER 4 YEARS THE SAME OFFICER WHO IS AUTHERISRED TO AWARD THE PUNISHMENT,

 

8 Q When he was himself involved then why did he sou-motto submit the papers to higher officer? Whether he himself received any memo?

 

Ans: He received Confidential Memo.

 

HAVE BEEN SUBMMITTED THE ABOVE MISTAKES TO THE CORPORATE MANAGEMENT AT TIME OF FINANACIAL ALLEGATIONS WHICH HE HIM SELF INVOLVED TO ESCAPE. HE USED ME AS SCAPE GOAT.

 

THE COMPANY IS INCLUDED MY NAME IN THE DEPARTMENTAL ENQUIRY AS EX- CASHIER AGAINST THE FINANACIAL IRREGULARITES OF THE UNIT AND SURVED NOTICE 6 MONTHS BACK BEFORE RETIREMENT.

 

9 Q What do you mean by NOTICE 6 MONTHS BACK BEFORE RETIREMENT?

 

Ans: I have received confidential Departmental Enquiry Notice 6 months back.

 

I HAVE RECEIVED CHARGE SHEET On 10.06.2013. The same is enclosed in the Excel format. Please go thru .

 

THE SAME CONTROLLING OFFICER ALSO RELEASED THE LAST ANNUAL GRADE INCREMEANT WHICH IS DUE. HE ALSO FARWARDED MY PENSION PROPOSALS WITHOUT REFREING THE DISPLAINERY CASES RECORD.

 

10 Q What need to be seen is whether at all you had a disciplinary ban while pension papers are submitted as you yourself believe that there was no charge sheet?

 

Ans:  No it is not like that,  The department can conduct enquiry and impose penalty on the spot payment basis. But not to hold the Gratituty & commutation payment, which is loss of interest beside personal sufferings of the retired employee. 

 

If the employee doesn’t pay the penalty the pension can be with hold.

 

NOW I AM RETIRED, MY TERIMINAL BENIFITS ARE WITH HELD BECAUSE OF ABOVE REASON.

 

Your terminal benefits can be held if you have undergoing a major penalty charge sheet at the time of retirement and that too not for indefinite period.

 

PLEASE INFORM HOW MUCH EXTENT I AM RESPOSIBLE FOR THE JOB OF CONTROLLING OFFICER

 

Without above material nobody can judged whether at all you are responsible or if so to what extent

 

WHICH HE SUPOSE TO FALLOW THE ADMINISTRATIVE PROCEDURES FOR THE SUBORDINATE CONTROLL WHILE I AM WORKED AS EX-CASHIER.

 

Without above facts ………….?

 

Now submitted…………….

 


Attached File : 773092088 replies to charge sheet.xlsx downloaded: 38 times

Sudhir Kumar, Advocate (Advocate)     11 June 2013

 

 

In case the company really has a provision in CDA rules that the increment can be released subject to reply of memos (which is hard to believe unless one reads such provisions) The case in whatever form was stood disposed off by the authority who had subsequently become disciplinary authority.

 

It is hard fact that :-

 

·         Closed cases cannot be re-opened without issue of SCN

·         The same authority cannot revise its own decision even if he subsequently gets promoted to higher post and assumes charge of disciplinary /appellate authority.

 

 

The confidential inquiry notice?

 

It is not understood what it is.  It can at the most be investigation and you please do not confuse it with chargesheet. Your terminal benefits could be withheld only if you have received a chargesheet before retirement.

 

 

The department can conduct enquiry and impose penalty on the spot payment basis”

“f the employee doesn’t pay the penalty the pension can be with hold.”

 

Such provisions are hard to believe and if existing are unconstitutional being violative of principles of natural justice and not being akin to disciplinary rules prevalent in other parts of Govt deptts/PSUs

 

However as the chargesheet is there and there has to be DE so contact some retire/service central/state  Govt/PSU employee who is well versed in disciplinary matter and consult your CDA Rules and take help of such person to argue your case in the inquiry.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register