Thought for Today, 29 th June 2020

Life is a trip. The only problem is that it does not come with a map. We have to search our own routes to reach our destination.

Saturday, December 17, 2011

Finance Department"s circular causing injustice to heirs of the employee died while under suspension

Financ Department has issued a circular on 25th October 2011 stating that the benefit of pay revision as per 6th pay commission will not be admissible to r the employees who died after 1-1-2006 while under suspension.

 There is a specific provision in Rule 13(4) of M.C.S.(D.&A.) Rules 1979, that disciplinary proceedings come to an end on the death of the delinquent employee and they cannot be continued after his death.Similarly there is a specific provision in Rule 72(2) of  of M.C.S.( Joining time, foreign service and payments during Suspension,Dismissal and Removal) 1981 that where a Government Servant under Suspension dies before the disciplinary or court proceedings instituted against him are concluded , the period between the the date of suspension and the date of death shall be treated as duty for all the purposes and his family shall be paid the full pay and allownnces for that period to which he would have entitled , had he not been suspended subect to the adjustment in respect of subsistence allowance.
 In view of the abovementioned specific provisions in the Service Rules, the denial of benefit pf pay revision to the employeesuspende prior to 1-1-2006 and died after 1-1-2006 while under suspension. will be illegal and it will  cause injustice to the heirs of the deceased employee while under suspension.
 It is hoped that the Finance Department will reconsider the matter once again and will issue revised instructions.
I am sending a letter to Finance Department  seperately.

Shridhar Joshi

Sunday, December 11, 2011

Judgements on topics reg." Disciplinary Proceedings "available on this blog.


 The important  judgements on "Departmental Inquiry "  which I had earlier uploaded on the blog were not accessible earlier because of some technical snag. The technical snag has now been resolved with the help from C.I.T., Yashada and the viewers can view and also download these judgements. I propose to upload many more judgements including the recent ones for the benefit of viewrs.

Shridhar Joshi