Brochure of Reservation

The Government of India has recently brought out a Brochure on Reservation. The said brochure brings out the Constitutional and legal provisions in regard to Reservation.It also describes in details as to how the scheme of Reservation was evolved and also the Institutional safeguards and impact of  Reservation Policy. It would be of great help to Government servants if they go through the said brochure  so that  they understand all the issues connected with Reservation.

The above said Brochure is mad avilable on this blog. Those interested can get it downloaded.

Disciplinary Proceedings & Natural Justice

Natural Justice is not defined anywhere. Justice Krishna Iyer has defined Natural Justice in case of Deaprtmental Inquiry as ," Vocate, Interogate and then adjudicate.It is cardinal principle of Law that no person can be held to be guilty unless chrages are informed to him and he is given reasonable  opportunity to defend himself. The  said principle finds a place in Article 311 of the Consttution. The Courts and the Tribunals interfere in case there is violation of principles of Natural Justice while conducting a departmental Inquiry and the imposing penalty on the basis of findings of the Inquiry officer.

Non supply of relevant documents, Not allowing the assistance of Defence Assistant, no opportunity to cross the witnesses of  disciplinary authority, not allowing the employee to examnine the witnesses are obvious examples of Violation of principles of Natural justice. However non observance every aspect procedure prescribed does not amount to  violation of principles of natural justice. In case of procdural violation , the employee has to show what prejudice is caused to him because of non obsevance of procdure by the inquiry and disciplinary authority. It depends upon the facts and circumstances in each case.

The Superme Court in well known case of  State Bank of Patiala v/s  S. K. Sharma , AIR 1996 SC 1669 has  explained in detail  the concept of natural Justice vis-a vis Disciplinary Inquiry. The said judgement is available on this blog at S.N. 1 in the list of judgments, under " Disciplinary Proceedings - Judgements ". It is suggested the senior officers who are the disciplinary authorities, the Inquiry Officers and the advocates dealing with the cases of disciplinary proceedings may get the said judgement downloaded for their study and use. 

Promotion a fundamnetal right - Suprme Court

The supreme Court in it's recent judgement in case of Major General H.M.Singh v/s Union of India deilivered on 9 th January 2014 has held that the non-consideration of the claim of the employee/ appellant eligible and found fit for promotion would violate the fundamental rights vested in him under Articles 14 and 16 of the Constitution of India. subject to the condition, that the employers / respondents were desirous of filling the vacancy of the promotional post .

The above said judgement is available on this blog under the Title of " Disciplinary Proceedings- Judgements- Important judgments. Those desirous can get it downloaded.

Recovery of cooperative dues from pension- Is it legal ?

A State government office in Maharashtra had frozen the Pensioner's bank account since  there were cooperative societies dues to be recovered from the said pensioner. A query was made to me whether recovery of Cooperative dues can be made from the amount of pension and for that purpose the pensioner's bank account can be frozen. A reply to the said query is  as under,

" In accordance with M.C.S.(Pension) Rules 1982  Government dues as ascertained and assessed by the Head of the office which remain outstanding till the date of retirement of the Government Servant shall be adjusted against the amount of retirement gratuity or death gratuity becoming payable.Cooperative societies dues are not Government dues and therefore they cannot be recovered from the amount of pension. 

The Supreme court in well known case of  " Union of India v/s Wing Commander R.R.Hingorani, (1987) 1 SCC 551" has held that pension shall not be liable to seizure or attachment by process of any court at the instance of a creditor.

The pension is meant for the livelihood of retired employee and his family. 

In view of the above facts it is clear that the action of freezing the pensioner's bank account for the purpose of recovery of Cooperative dues is illegal and the order of freezing the bank account needs to be withdrawn."

The viewers of this blog may like to note the above legal position and deal the similar matters accordingly.The judgement in case of Union Of India v/s Wing commander R.R.Hingorani is also available on this blog under title " Disciplinary Proceedings- important judgements. Those interested can get it downloaded, if necessary

Dismissal of Govt. employee due to conviction-Appeal against conviction- sentence stayed- is he entitled for pensionary benefits ?

Talathi was convicted for a criminal offence and sentenced for one year's imprisonment. He was dismissed due to the said conviction. He files an appeal in the High Court against the conviction. The High court grants stay to his conviction and releases him on bail.In view of the said stay , Talathi applies for grant of pensionary benefits viz.Pension & Gratuity. The query is made to me as to whether the demand for grant of pensionary benefits can be granted. I gave the following reply,

" Talathi was dismissed on account of his conviction by the court. It is true that the High Court has granted the stay to the sentence awarded by the lower court but his conviction is not set aside.He is therefore guilty in the eyes of law.Therefore his dismissal is  still valid .

The service of an employee who is dismissed from service, stands forfeited as provided in Rule 45 of M.C.S.(Pension) Rules 1982 and thefore the said Talathi  is not entitled for pensionary benefits viz. Pension and Gratuity.

A dismissed employee is entitled for refund of  Group Insurance Scheme and Government Providend Fund amount since he has contributed the said amounts. However he will not be entitled for leave encashment. "

The viewers may please note the above reply so that they will be able to take appropriate decision while dealing with the similar cases  their offices.