Service Matters

Government has passed termination order on the findings of a preliminary inquiry report. I want to know whether it is legal or illegal. What action should be taken? The allegation levelled against me is that I have been appointed by a forged appointment letter. That allegation is false. When I have submitted a representation for consideration of my candidature for the promotion. The new director has initiated a departmental inquiry against me for getting service by a forged appointment letter. 

In that proceeding I have been cooperating with the officer. But due to pressure from the director, the preliminary inquiry report was submitted with finding that the appointment letter was false. Now the termination order has been passed by the director.

Can the government dismiss an employee who secured a job in the reserved category without fraud? I’m appointed as a junior engineer in the government department in the other backward category. At the time of recruitment my caste was considered as an OBC but later on it was converted into a scheduled caste. It was a decision of the government.

After sixteen years of service the department has initiated proceedings to dismiss and terminate from the service due to submitting forged caste certificate and fraudulently secured job in the OBC category. Can the government have the power to remove me from the service?

My son is facing a serious heart ailment and surgery is required as soon as possible. I am a retired government servant and receiving a pension. According to the pension rule, the medical facilities are given to the retired government and his dependents. When I approached the government for providing financial help in the treatment of my son. It has refused stating that the son is not a dependent. Whether a son is dependent in respect of availing medical facilities of a retired father?

No EPF contribution by startup. I switched job in 2018 from a MNC to a startup with 20+ employees. The startup is not contributing to the EPF. At the time of joining they said I could opt out (basic salary 15k+) of it and I agreed and completed the formalities. I am joining a new company now and they are asking for my PF statement. I do not have one but I do have a UAN number. 

Is there a legal infirmity from my end in this case? Can my new employment be terminated on this ground? Can we opt out of EPF when joining a  new company? I am confused because some people say we can while others say we can not. Please guide me on how to proceed with the new company.

Government has withhold pension in lieu of criminal proceedings . A central government employee retired in 2001 and criminal proceedings initiated in 2007. He is being convicted in 2022. Is Presidential sanction necessary under rule 9 of CCA Conduct Rule to withhold his pension or any other rule applicable in this case. Please clarify. 

Sir, I am transferred by the lending department of North Western railway to the borrowing department of railway RDSO Lucknow wherein a major penalty charge sheet has been issued for misuse of Duty Card Pass without approval of the tour programme which was not possible during the period of Covid-19. Hence can I file an OA on the following grounds. 

That Borrowing department has not henceforth informed the lending department to commencement of disciplinary proceedings.  That the disciplinary authority has neither conducted preliminary enquiry nor issued any show cause notice before issuance of charge sheet. That the defense department required to prepare and then submit reply to the charge memorandum have not been supplied by the Disciplinary Authority so far. 

That in the absence of my reply, the decision of Disciplinary Authority to proceed with further enquiry and appointing Inquiry Officer is correct or not? That the Railway Vigilance has not recorded the statement of my Nodal Officers who assigned duty and get reservation in trains as well as statement of TTE has not been recorded by the vigilance. The Disciplinary Authority has issued charge sheet with preset mind as adviced by vigilance officers. Kindly assess the success rate of my above grievances and advice about the Rules, Circulars or earlier decision of humble courts please.

A writ petition can be filed where cause of action partly arises. Sir, I want to know can I file a writ petition in the High Court in whose territorial jurisdiction I am currently living? I applied for a post in the Reserve Bank of India. Final result has been published on its website. The head office of the RBI is in Mumbai. My reservation quota has been changed from OBC to UR. 

Therefore, I am in the waiting list. I have brought in the notice of the RBI that my category has been wrongly mentioned in the final list including the waiting list. They have replied to my representation and stated therein that I have qualified in the UG category in the preliminary examination hence, your category shall remain unreserved. Can I challenge the representation in the Allahabad High Court?

I have solemnised a second marriage in the subsistence of the first. It was because I have no children from the first marriage. Second marriage is prohibited in Hindus so I am afraid that the departmental inquiry may proceed against me for the bigamy. 

My wife will not make any complaint against the solemnisation of a second marriage. But it may be possible that any colleague may complain about the second marriage. I cannot hide this fact because of a social gathering in my marriage ceremony. Can the department initiate disciplinary proceedings devoid of any criminal case? 

I am trying to manage my family members and members of my in-law’s family to refrain from lodging any complaint against me. What is the legal remedy in this situation? Please help.

I want to know whether reinstatement after the acquittal in a criminal case is possible. Some imported clothings was seized during the search operation. Those goods were kept in the godown operating under the control of the state government. After a few days all that goods were stolen and a criminal case was filed against me. Thereafter, a disciplinary proceeding was started against me and eventually I was terminated from the service. The trial court has acquitted me because the prosecution failed to prove the charges. What should I do for reinstatement after the judgement of the trial court?

Departmental inquiry has been initiated against me after the recording of FIR. That FIR is false and frivolous because it is very much influenced by the political vendetta. Since I am a General Manager (Project) and have issued several contracts to the contractors who have affinity to the particular political party. Now that political party is ousted from power. Therefore, an FIR has been lodged against me by making allegations of irregularity in disbursement of contract. Can departmental inquiry be initiated after the FIR?