Service Matter

Charge sheet without preliminary inquiry and show cause notice is illegal

Jun 8, 2021 | ,

I have been working in the Postal Department since 2011. My past service record is very neat and clean in all respects. My senior officer did not sanction medical leave and stopped my salary for two months. He is also a disciplinary authority and he issued a charge sheet without preliminary inquiry and a show cause notice. I am facing mental harassment by a government officer who is very rude and treats his subordinate officer as a slave.  

One day when my illness became worse (there is some problem in my cervical spine and that is why I am suffering from cervical spondylitis), I applied for leave from home as my condition didn’t allow me to go to the office. My employer asked me to submit medical documents and I submitted the same, but he didn’t grant my leave and asked to join the office. Otherwise disciplinary action may be initiated against me. He also sent my medical documents to the CMO office for a second opinion.

He sent me three back to back notices directing me to join the office, but I didn’t join due to my health. I am assured that I will join the office as soon as I become fit. In spite of this, he served a charge sheet to me for submitting representation within 10 days. More importantly the opinion of the CMO is still pending.

I want to ask if my department gives me a punishment order or any other punishment like transfer etc. Can I file a court case against the department? Besides, can an OA or WP can be filed against them for not granting my leave and for holding my salary in spite of submission of medical documents?

Can bank terminate my service on leave without permission

May 6, 2021 | ,

Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to Feb. and from may to Jul. I do not have medical certificate from Jul. to oct ( till I joined). Also I have completed 7 years of service without any Loss of pay. But due to some serious medical condition I was in hospital for three months. Later on I have resumed my duties. I was again suffering from same medical condition also I changed 3 doctors for same. Now I have resumed my duties.

Leave for educational purpose

Sep 6, 2020 |

I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a right? Can I move legally if bank management is not permitting leave?

Modification of transfer order on the medical ground of spouse

Jul 7, 2020 |

Can I seek a modification of transfer order on the medical ground of spouse? My husband works in a PSU bank. He has transferred to a remote area 250 km away from the place we are living in. I am also a central govt employee and expecting our first child with some medical complication. My husband applied for a modification of transfer order on wife’s health condition. Moreover, there are no administrative exigencies for such a posting order.

My husband’s application for modification of transfer order is still pending for 30 days. Meanwhile, his salary has been stopped, request for leave rejected and concerned authority has issued a warning letter for disciplinary action. Due to medical ground of spouse, it is not possible to travel 250 km away to a place without any medical facility. Can you please advise us what should we do? Can bank initiate disciplinary action? Is there any law or policy to help us so that my husband can get a modification of posting and stay with me?

Tamil Nadu Electricity Board is not deciding my representation

Jun 19, 2020 |

I have represented Tamil Nadu Electricity Board requesting Pro-rata pension for which I have worked for 17 years. But TNEB has not responded. Then I file WP in HC, request to direct TNEB to respond to my representation. HC directed TNEB, to clear the representation within 3 months as per the Act & Rules. But TNEB did not respond. Then I filed a contempt of court. But due to COVID. 19, contempt of Court case been numbered, but not sent to TNEB. Meanwhile, after 7 months of the WP judgement, TNEB has sent me a letter stating that “As per HC judgement, it is under consideration by TNEB, & will be informed soon”. My question is:

Whether the Tamil Nadu Electricity Board is in the process of giving Pro-rata pension to me?

Whether I have to inform to my Lawyer about this communication?

What will my lawyer proceed?

What about my Contempt of court case?

Whether I have to contact the Tamil Nadu Electricity Board? Please advise.

University is refusing to reinstate me after acquittal in the criminal case

Jun 14, 2020 | ,

University is refusing to reinstate after acquittal. I was working as a clerk in the university. The University has initiated a departmental proceeding against me and filed a criminal case under the Prevention of Corruption Act. University has made an allegation that I take a bribe for submission of the thesis. The court has acquitted me because the prosecution failed to produce any credible evidence of illegal gratification.

When the court acquitted me, I approached the Vice-Chancellor to reinstate me immediately. He does not want to reinstate therefore causing a delay in taking a decision in my case. I have written a letter to him to reinstate me as early as possible. He replied that a departmental enquiry is still pending, therefore, reinstatement is not possible.

The departmental enquiry is pending because the enquiry officer is still waiting for the copy of the statement from the investigating officer. The investigating officer said that he had produced the police report to the concerned court therefore it was not possible to provide a copy of the statement of the witness.

Celebration video got viral in social media amid lockdown

Jun 4, 2020 |

I’m a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently, we were suspended yesterday. Can we fight on this issue?

The employer can convert unauthorised absence in the leave without pay

May 4, 2020 |

An employee of the public sector bank remains absent from work for 18 to 20 days in a month. He is attending the office only for 10 to 12 days in a month due to spinal problem. The employer can convert unauthorised absence in the leave without pay. When the employee took leave on a particular day the employer marked that leave as leave without pay or an unauthorised leave.

The employer has counted public holiday and Sunday in the unauthorised leave. therefore, The employee suffered a lot due to such an illegal act of the employer. If the employee clears the UPSC examination then would there be a problem in getting NOC from the employer?

Judgment of supreme court has not been implemented yet

May 24, 2019 |

I retired from CWC, a Central Public Sector Unit; In pursuance of the Supreme Court Judgement dated 3-5-1990, employees drawing CDA Pattern pay Scales were to be switched over to IDA Pattern Pay Scales w.e.f. 1-1-1989 after calling for options.

In respect of certain Central Public Sector Units like CWC, FCI, Government of India, did not follow that direction arbitrarily. FCI Officers approached Supreme Court, and as a result, thereof the FCI were issued directives to allow such switching and call for options within six months.

Such a decision was taken after a Contempt of Court petition filed by FCI Officers.  Whereas CWC Officers did not approach Supreme Court; But it was incumbent upon CWC to have implemented the said directives of CWC; Had such an option been called for I could have opted for IDA pattern pay scales w.e.f. 1-1-1989; I took voluntary retirement from CWC on 31-3-1994;

I had approached CWC management to accept my option to switch over from CDA pattern pay scales to IDA pattern pay Scales w.e.f. 1-1-1989 and grant all arrears and consequential benefits therefrom.

When Hon’ble Supreme Court gave directives, can such facility of option be denied by the Department of Public Enterprises ARBITRARILY? When FCI extended such facility against a contempt of Court petition filed by FCI Officers, why DPE did not issue a circular extending similar benefits to the Officers of other CPSUs arbitrarily? The funny part is that both the CPSUs are under the Ministry of Food and Public Distribution.  Please clarify the position.

Terminated from the job because did not submit resignation letter

May 24, 2019 |

I worked for an MNC company as a Manager. Despite my good performances, my corrupt seniors 1st put me on the bench (no work) for an extended period as I refused to join their evil plans, denied me an assignment and then I was terminated as I refused to submit resignation/separation letter.

I have a number of proofs of my work appreciation, requesting for assignment etc. My seniors and other senior leaders, it has come to my knowledge through ex-colleagues and social media, were caught by the company for massive fraud/corruption and have since been released by the company but no criminal action initiated against them.

I am 48 yrs and owing to very bad termination, no one in the IT industry is employing me. For sure, I will be now jobless forever. I would like to file law-suit including for job loss for rest of life, wrongful termination, a number of lies made by ex-employer (proofs), wrong treatment, stigma, mental agony and sufferings.

I worked in Bengaluru  (company office) but I am a native of Haryana. as I am jobless for 1-1/2 yrs and zero hope of finding another job, I have no other option but to return to my native place, so can I file law-suit in Haryana?

I would like to file compensation worth Rs 1 crore. What fees do I have to deposit in advance in Bengaluru or Gurgaon?

Forfeiture of gratuity without held guilty

Mar 4, 2019 |

I am a retired government servant. A departmental proceeding was pending at the time of my retirement. Therefore, the competent authority had forfeited my gratuity without holding me guilty of proved misconduct. He presented ambiguous inquiry report which is forthwith admitted by the superior officer.  Thereupon full gratuity is forfeited.

Gratuity is the self-earned income of the employee, so the government has no power to forfeit it without holding me guilty. Is there any provision that concerned authority can forfeit my gratuity without held me guilty?

Right to pension

Mar 4, 2019 |

I was a public servant and retired from the post of superintendent engineer. No departmental inquiry was set up against me for the alleged misappropriation of government fund from the state treasury. My pension and gratuity are stopped without any reasonable cause. It is a clear violation of the right to a pension of the employee. Please advice.

Stay of transfer

Sep 16, 2016 |

Hello, an officer has transferred from our district who is a very good and honest officer. We are very happy because he had taken control of the crimes. But due to unfavourable with the present government he has been transferred. We have decided to file a petition before the high court for a stay of his transfer, we want to know that the public can file any petition for stay of the transfer.