dear
i donot know much about public sector rules but i would like to know one thing that why you did not participate in enqiry.whether you had got information and dates of enquiry.we want to know this thing to know the crediblity of enquiry,whether principle of natural justice followed
From India, Delhi
167i donot know much about public sector rules but i would like to know one thing that why you did not participate in enqiry.whether you had got information and dates of enquiry.we want to know this thing to know the crediblity of enquiry,whether principle of natural justice followed
From India, Delhi
The procedure of delivery of the charge sheet as stipulated in the Regulation No.28 of the CDA rules (quote):(this regulation is common in both the rules quoted in the Inquiry & the rule quoted in the punishment order)
“All communications under Rules 23,24,25,26 & 27 and copies of orders passed thereunder may be delivered personally to the employee if he is attending the office:otherwise they shall be sent by registered post to the address noted in the service record.”
They sent two persons from office to my home dt.20.05.08 I quoted in their copy of charge sheet as "under protest & without prejudice".
I protested in writing against their act of harassing my child in my absence despite no provision of sending messanger to home of employee.They did not reply to my protest.
Though I sent them my explanation dt.2.06.08 in writing by which I demanded certain documents on the basis of which the charge sheet was issued,they did not reply to my representation,however,they initiated the enquiry arguing that I did not reply anything to the charge sheet. I have received proof under RTI Act that my reply to charge sheet was attended by the authority dt. 9.06.08.(certified by the same Mr.Kundra who has issued order of punishment).
Since no charge sheet was delivered by the legal procedure as mentioned in the CDA Rules and since my reply was deliberately not considered I chose not to participate in the Inquiry. Further the Inquiry officer did not send me copy of proceedings for first two hearings.
He held the first two enquiries the same date he was holding enquiry with reference to earlier charge sheet dt.13.02.08 to which I participated as the charge sheet 13.02.08 was pasted on the office notice board for three weeks and sent to my home address by registered post .
From India, Ajmer
“All communications under Rules 23,24,25,26 & 27 and copies of orders passed thereunder may be delivered personally to the employee if he is attending the office:otherwise they shall be sent by registered post to the address noted in the service record.”
They sent two persons from office to my home dt.20.05.08 I quoted in their copy of charge sheet as "under protest & without prejudice".
I protested in writing against their act of harassing my child in my absence despite no provision of sending messanger to home of employee.They did not reply to my protest.
Though I sent them my explanation dt.2.06.08 in writing by which I demanded certain documents on the basis of which the charge sheet was issued,they did not reply to my representation,however,they initiated the enquiry arguing that I did not reply anything to the charge sheet. I have received proof under RTI Act that my reply to charge sheet was attended by the authority dt. 9.06.08.(certified by the same Mr.Kundra who has issued order of punishment).
Since no charge sheet was delivered by the legal procedure as mentioned in the CDA Rules and since my reply was deliberately not considered I chose not to participate in the Inquiry. Further the Inquiry officer did not send me copy of proceedings for first two hearings.
He held the first two enquiries the same date he was holding enquiry with reference to earlier charge sheet dt.13.02.08 to which I participated as the charge sheet 13.02.08 was pasted on the office notice board for three weeks and sent to my home address by registered post .
From India, Ajmer
I give my consent to mr. mitra’s advise as there are many points where u can win the case. On this platform it is difficult to guide u through the whole process. God bless
From India, Secunderabad
From India, Secunderabad
Yes,I am aware of the fact.In fact it was a senior advocate who advised me that definition of employee as mentioned in GIC CDA Rules did not apply to me.Kindly advise me if I can file a complaint against fundamanental rights violation to the supreme court as they have not till date issued charge sheet against a public servant caught red-handed in their Jaipur office dt.10 February 09 despite the CBI fliling charge sheet against him in the CBI court and advising my employer to initiate discplinary proceedings against him.My employer is silent in the matter since the public servant who issued me the two charge sheets has been named as ultimate beneficiary of bribe in the incident as per news report.instead of taking action my employer merely transferred him to his home place(delhi) from Jaipur.They state under RTI that they do not take action on the basis of news reports.I have also received list from CBI which shows that depite CBI recommendations for taking disicplinary action ,at least two branch managers who were occupying the rank of office incharge continue to occupy the post of incharge of public office.
On the other hand,only "grave violation of rules"as on my date of suspension dt.10.04.08 was as per charge sheet dt.13.02.08 against me is that I left headquarters.The only declared witness of charge sheet dt.2.05.08 used derisive language against my working wife in his official statement on the company letter head to his superior dt.26.03.08 that "it is surprising fact,that the wife of Mr. Soni has left children with her sick husband and she is doing comfortably her job away from her home".
From India, Ajmer
On the other hand,only "grave violation of rules"as on my date of suspension dt.10.04.08 was as per charge sheet dt.13.02.08 against me is that I left headquarters.The only declared witness of charge sheet dt.2.05.08 used derisive language against my working wife in his official statement on the company letter head to his superior dt.26.03.08 that "it is surprising fact,that the wife of Mr. Soni has left children with her sick husband and she is doing comfortably her job away from her home".
From India, Ajmer
Dear
Your case appears to be a pure legalistic matter and can be solved by direct legal help in the place where the Litigation is required..Once a punishment is awarded that order is appealable.Have you filed an Appeal as per your Company Rules.If you merely think you have a good case without following the procedure provided under the Rules even Courts of Law cannot help you as all your efforts will be barred by delay.
E-mail :
From India, Bangalore
Your case appears to be a pure legalistic matter and can be solved by direct legal help in the place where the Litigation is required..Once a punishment is awarded that order is appealable.Have you filed an Appeal as per your Company Rules.If you merely think you have a good case without following the procedure provided under the Rules even Courts of Law cannot help you as all your efforts will be barred by delay.
E-mail :
From India, Bangalore
Thnaks,I plan to go within a few days to Jaipur to consult a senior advocate who had advised me that defition of employee is not applicable to me under the CDA rules quoting which my employer initiated the proceedings.I would seek his advise whether to appeal in the department or file petition to court of law/tiribunal.
From India, Ajmer
From India, Ajmer
I have filed appeal in the department against two decisions one to deprive me of 6 increments other to dismiss me from services. Ironically,the only "grave" violation of rule in the charge sheet worth dismissal from services was that as per the disc authority I left headquarters. They kept me under suspension on half pay for one and half year which they justified in the order.
From India, Ajmer
From India, Ajmer
My employer insurance company has dismissed me from services apparently because they have been "harassed " by applications under the rti act seeking information of corruption in public life.
They have failed to suspend the official who was trapped by cbi dated 10.02.2009 with bribe red handed, despite the cbi filing charge sheet under clauses of corruption. Under RTI act i have been informed that it is my personal opinion that the act of bribery was a shameful act.
All the public servants of NIACL representing new corrupt india whose list has been given to me by such authorities as police or CBI and in turn given by me to the public sector insurance company owned by Govt of India have been doing fearlessly duties of public servants because nobody dare take any serious action.
The memorial against unjustified orders has been pending with the authority for disposal,they state under RTI act that they have no specific time limit for disposal of the same.
They seem to have become more aggressive after my complaint to Human Rights Commission of India which seems the most inhuman organization.
From India, Ajmer
They have failed to suspend the official who was trapped by cbi dated 10.02.2009 with bribe red handed, despite the cbi filing charge sheet under clauses of corruption. Under RTI act i have been informed that it is my personal opinion that the act of bribery was a shameful act.
All the public servants of NIACL representing new corrupt india whose list has been given to me by such authorities as police or CBI and in turn given by me to the public sector insurance company owned by Govt of India have been doing fearlessly duties of public servants because nobody dare take any serious action.
The memorial against unjustified orders has been pending with the authority for disposal,they state under RTI act that they have no specific time limit for disposal of the same.
They seem to have become more aggressive after my complaint to Human Rights Commission of India which seems the most inhuman organization.
From India, Ajmer
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