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nathan meenashi   21 April 2025

Service related

Sir, I am M. Manoj Kumar worked as 'Accounts Unit Officer' (ie Assistant cadre) doing works related GeM tenders etc. in South Zone Cultural Centre (SZCC), an autonomous organization under Ministry of culture, GoI since 2011. 

I was suspended by my employer on 6th Nov.2023, only after getting Interim Stay from Madurai Bench of Madras High court on 3rd Nov. 2023 by me against the employer's irregular order issued in my higher study issue in SZCC during 2021. So, this dismissal action showed clearly as retaliation by my employer. Even, he has not conduct any prelemenery enquiry before placed me under suspension.

After completion of 45 days, the employer issued charge sheet (7 Articles) without annexing any substantial evedences/ documents which connected with all grave charges framed against me, they charged that "more of my transactions as falty and favoured work contract to my family members, so it is against the CCS (CCA) rules", but, these transaction was done several years back adoped with due Govt procedure, and got approval on each transaction from my higher officers like AAO, AO, Auditor and Directors.

Fact is, I am bottom level staff, my duty is submission of note file for getting approval from the Director of Szcc, Unfortunate I singled out as scapegoat. The DA never enquired any of my higher official whi cleared/ approved files.

The Director cum Disciplinary authority always denied to provide documents related the article of charges even getting 3 directions from the Madurai bench of Madras high court. I lost one year for these struggling for getting documents / evedences from my employer.

Finaly, the DA give some unwanted documents not related with charges directly and ditected me to attent the enquiry, so i approach again High Court for getting documents from DA, the Court also given direction to inspect the documents. But the DA and EO not showned the relevant documents inintentionally andvdraged my case. I requested the EO, but not responded. So, my laywer advised me to attend the full enquiry.

After completion of enquiry, the DA put me under 'Dissmisal' on 23rd Dec. 2024 with out having any substantial evedences against me, and not consider my reply in detail, the EO has biased entire enquiry proceedings, he supported to the DA daringly, no douby.

Furthe, the DA has recommended my case to CBI for further criminal investigation without having any evedences against me like conviction, FIR, severe penalty etc. (but the CBI not registered any case against me as of today). I got best remarks in my previous APAR's. I never get any punishment relating any financial misconduct in my service earlier. I have good service regards.

I appealed to the Appellate authority ( ie Joint Secretary, MoC, GoI) on 27.12.2024. Based on the time limit given to the AA by Madras high court, the AA not consedered my appeal and REJECTED on my appeal on 15.04.2025 with out mentioned any valid reasons.

What can i do now, please give remedial suggestion on my livelyhood issue pl.

M. Manoj Kumar, Thanjavur TN,

 

 

 



 11 Replies

R.K Nanda (Advocate)     21 April 2025

Take help of local lawyer. 

kavksatyanarayana (subregistrar/supdt.(retired))     21 April 2025

You can approach the labour court for your grievances.

T. Kalaiselvan, Advocate (Advocate)     22 April 2025

You may have to approach labor court for relief and remedy. 

nathan meenashi   22 April 2025

Thanks to all for giving advice..

One of local lawyer suggested me to file a case with Central Administrative Tribunal (@Jurisdiction :Chennai bench).. Is his advice is correct? 

Further, mostly says, CAT cases will be heared slowly and admitted more adjournments to the respondents. It may be drag year long, some cases are going on more than 15 years. It is terrible.

I have 5 more years service left, my concerns are, i should reinstate in my office with in the tenure of my service.

So please advise, can I file my case through CAT or Labour court?

Sudhir Kumar, Advocate (Advocate)     22 April 2025

You do not want to move to CAT due to fear of delayed proceedings.

 

Do you have any other avenue or pkan to mitigate the grievance.

 

You said that there had been twice directions from High Court seems you have spent alot time in futile litigation.  If you were notprovided the documents when you could have used the same to challenge the penalty order.

 

You queyr is also vague as to whether the departmetal inquiry has been initiated or not.

 

Meeting lawyer with papers is necessary for a lawyer to appreciated full facts of the case.

1 Like

nathan meenashi   22 April 2025

Thanks u Sudhir kumarji..

Dept. enquiry was over, but the Enquiry officer did biased proceedings. Not able to get justice.

And as per your advice, I planned to continue my case with high court. But, my lawyer suggested that, as per CCS rules, this case should deal by CAT. 

Can I get direction from high court for conducting my case in urgent basis to CAT by reducing adjournments. Is it possible, please advice. 

Sudhir Kumar, Advocate (Advocate)     26 April 2025

you are not bale to put facts cogently.

 

Meeting a Lawyr with papers is the remedy.

P. Venu (Advocate)     28 April 2025

There cannot be any meaningful suggestion unless the records are examined and issues discussed. Also, what is the stage of the proceedings? You have not posted the facts coherently. Certainly, for any judicial remedy, you need to approach the CAT, Madras Bench. 

There are no short cuts.

nathan meenashi   28 April 2025

My thanks to both Advovates Sudhirkumar & Venu sir, tnks🙏

T. Kalaiselvan, Advocate (Advocate)     29 April 2025

If you are advised that this case may not fall under labor court then you may file a OA before the CAT Madras Bench located within the high court complex, Chennai with the help of an advocate practising law in that tribunal

nathan meenashi   29 April 2025

Thank u

Mr Kaliselvan sir🙏


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