Wing Commander Shaleen Airon
14 November 2014 at 18:52
I am the Commanding Officer of an independent Air Force Unit in Assam. Being the Commanding Officer, I am also vested with Quasi-Judicial authority.
In Sep 2013, a women employee employed on daily wage basis as a ‘Ayah’ in my unit made allegations of Sexual harassment against one of my Airmen (havildar). The alleged incidents happened mostly when I was on leave for am month in Aug-Sep 2013.
I asked for the complaint in written from the lady which she gave me. I forwarded the written complaint to my immediate higher authority , which ordered a Court of Inquiry on 15 Oct 2013. The same Court of Enquiry was re-convened by higher authority 3 more times and finalised in Mar 2014.
As per the statements of witnesses , the airman was deemed as ‘Blameworthy’. The Immediate higher authority conducted a Charge Trial on 15 Sept 2014. The Authority declared that the evidence be reduced to writing by convening a ‘Summary of Evidence’.
Meanwhile, on many occasions , between 16-20 Sep 2014, I was apprised by a civil employee working in my unit that he has counselled the lady to reconcile and told me that the lady was very upset and tensed because no witness had deposed in her favour in the ‘Summary of Evidence’ and wanted to speak to me urgently.
I always had a neutral stance and my name was nowhere involved in the matter. However, as the lady also happened to be a daughter of a retired brother soldier (A retd JCO of army) and had worked in my office , I called her.
She told me that she wanted to take the case back as she felt very harassed coming again and again for past one year. I again maintained my neutrality . I called her twice more out of sheer concern.
On 26 Sep 2014, she came to my office and wanted to give a statement of reconciliation withdrawing all allegations against the airman. I asked her to go to the Presiding officer of Summary of Evidence or the immediate higher authority which was handling the case. She refused , citing her sensitivities that she doesn’t want to go there anymore and everyone knows her case and she is a localite and this might also lead to marital discord.
I called in my airman and told him and he accepted her offer. She wrote the statement in presence of 3 more witnesses who were employees of my unit. The other 3 witnesses also satisfied themselves that she was not under any duress / threat to give such a statement and that she had come on her own volition and it was her own desire and decision to withdraw the allegations.
I forwarded the statements of reconciliation between the two immediately to the higher authority handling the case. I have not given any decision or any recommendations or wrote that ‘ the case may be closed’ or that ‘the parties have reached a reconciliation’. I simply forwarded the statement of both to the higher authority for their decision on them.
Now, the IAF authorities didn’t like this development for reasons best known to them . They instituted another court of enquiry against me to probe if I had any role in influencing or pressurizing the complainant.
- The lady never didn’t even attend the proceedings of this Court of Enquiry despite repeated requests and calls from the enquiry officer. She has not offered any statement or complaint in this court of enquiry against anyone.
- The lady has not made any complaint anywhere against me till now in any manner to any authority (military/civil) till date.
- The court of enquiry didn’t declare me as blamed / blameworthy and the proceedings were submitted to the higher convening authority citing her as ‘absent’.
- I pleaded that I am innocent in the whole matter and that I am in fact the one who took the matter to higher authorities for investigation and disposal, i.e. to award a suitable punishment to the offended if he is found guilty. I am aware that the punishment could be a ‘dismissal’ from service , and this is beyond the scope of my quasi-judicial powers and hence the case was forwarded to higher headquarters from the very start . It has been one year, I have not asked any party to reconcile as my name was nowhere involved in the case.
- Today, I have received a show cause notice from the Command Headquarters asking for my reply and citing an asuumed / surmised allegation of ‘ Motive to close the case’, as I have communicated with the complainant on telephone twice or thrice.
- I am sure to be awarded a punishment by my Command headquarters chief called the AOC-in-C of rank of Air Marshal who is higher in the chain of command than my immediate higher authority.
- What can I do to help my case? Isnt it wrong to be issued a show-cause / convene a Court of enquiry in the absence of any complaint?
- I was due for my promotion to the next higher rank after 4 days. The IAF authorities are premeditated to punish me for this ‘assumed / conjectured offence’ and also have delayed my promotion till the whole proceedings are completed.
- The promotion letter has already been issued by Ministry of Defence. But IAF has withheld my promotion and also hell bent on giving me a punishment for the misconduct.
- Kindly guide me as to how can I prepare a good defence.
Thank you very much.
TANGO KILO
14 November 2014 at 17:02
Dear sir If someone has completed 8 years of service,current grade pay 2400, and as per service rule no body can go out of service before initial engagement;20year.If anyone so desire he can try for 5400Rs payscale.my question is that if any other way to go out side legallly.
i have no compassionate ground.
Poonam Lamba
12 November 2014 at 15:49
Respected Sir/Madam
please suggests me recent research topic for Ph.d in Constitutional law.
Regards
Poonam
Madhu Mittal
11 November 2014 at 17:50
Respected Sirs,
Before 1997, there was no requirement of net owned fund(NOF) for Non banking finance companies(NBFCs) as per Reserve bank of India(RBI), afterwards it was asked to NBFCs’ by RBI to increase their NOF at least upto Rs. 25 lacs upto January 2000. Now on 10.11.2014, it was again asked to increase their NOF upto Rs. One crore by 31.3.2016 and upto Rs. Two crore by 31.3.2017 otherwire their registration with RBI will be cancelled. Now the NBFCs which are not in a position to raise their NOF upto two crore are going to be cancelled their licence as NBFCs. Is it not against the natural justice to tell existing NBFCs to shut their business without their fault? Please let me know if any remedy.
Mrs R.Yadav
09 November 2014 at 19:54
Dear Experts,
I sought inspection of records by filing an RTI application . I gave authority letter to my husband to inspect the record but CPIO refused to get the record inspected by my authorized representative on the pretext that there is no provision in RTI Act that an authorized representative can insepect the record on behalf of the applicant. My question is
1.If I give power of attorney to my husband to inspect the record, will it be valid ?
2.Will CPIO have any authority to deny to inspect the record if I give power of attorney to my husband to inspect the record ?
Kindly advise me.
Regards
Mrs R. Yadav
Mrs R.Yadav
08 November 2014 at 15:06
Dear Experts,
I sought information underRTI Act 2005 from Income Tax Officer wherein I sought to inspect the assessment record of a private school. The Income Tax Officer intimated me the date of inspection . I gave authority letter to my husband to inspect the record on my behalf but CPIO-cum-Income Tax Officer denied to get the record inspected on the pretext that only applicant can inspect the record . He said that as per act ,any person authorized by applicant is not permissible to inspect the record.
My question is :
1. Whether CPIO-cum-Income Tax Officer islegally right in denying to get the record inspected by a person authorized by applicant ? If no, then kindly let me know the relevant rules under which a person authorized by applicant can inspect the record on behalf of applicant under RTI Act 2005.
Member (Account Deleted)
05 November 2014 at 11:51
I want to know the status of my mother's partition of ancestral property case pending in tehsil which i think tehsildar and lawyer are unduly delaying.
I have come to know that i can get the staus by filling RTI so please guide me on below points.
1.Should I file rti to Tehsildar or Sub Divisonal Officer (SDO)as on the website,SDO is coming as PIO but when i called up reader in tehsil he told me to file rti to tehsildar alongwith Rs. 100/- postal order in the name of tehsildar.
2.I have doubt that tehsildar may give wrong information to me or may reject my RTI.
3.on whose name postal order is to be made,is it in the name of tehsildar / SDO or accounts office,tehsil.
4.Is tehsildar required to give correct information regarding my case.
5.can i send rti application through speed post and how will i get acknowlegment.
Thanks
TANGO KILO
04 November 2014 at 20:20
Dear sir i m working in airforce can i join some nho and work in my free time
madanamohanrao
04 November 2014 at 02:55
On an issue of cutting my pension by 6% from 1996, by PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) ALLAHABAD, who incidentally controls Pensions of 2 million ex serviicemen headed by an officer of IA&AS cadre, I received an amazing response reproduced below:
HOWWEVER GRIEVANCE RAISED BY YOU REGARDING INFRACTION OF ARTICLES 14,141,AND 309 OF OUR VENERABLE CONSTITUTION IS BEYOND THE PURVIEW OF THIS OFFICE.
I may please be enlightened with a professional advise, whether it is appropriate and legally an acceptable statement that the Constitution has no role to play in the decisions and orders of THIS OFFICE, WHICH IS PRINCIPAL CONTROLLER OF DEFENCE PENSIONS, ALLAHABAD?
No speaking report was given other than saying that constitutional mandates are not relevant to them.
swagat
03 November 2014 at 07:17
A boys inlaws are making troubles for him and it seems his 2 years old marriage has to be compromised. His inlaws have threatened him of adverse consequences. apparently it seems they are going to use law against him by using some fabricated complaints or something.
What precautions the boy must take to avoid any unnecessary legal hassle or police case due to false complain?
Please help
I accepted a staement of reconciliation b/w two parties involved in a sexual harassment case
I am the Commanding Officer of an independent Air Force Unit in Assam. Being the Commanding Officer, I am also vested with Quasi-Judicial authority.
In Sep 2013, a women employee employed on daily wage basis as a ‘Ayah’ in my unit made allegations of Sexual harassment against one of my Airmen (havildar). The alleged incidents happened mostly when I was on leave for am month in Aug-Sep 2013.
I asked for the complaint in written from the lady which she gave me. I forwarded the written complaint to my immediate higher authority , which ordered a Court of Inquiry on 15 Oct 2013. The same Court of Enquiry was re-convened by higher authority 3 more times and finalised in Mar 2014.
As per the statements of witnesses , the airman was deemed as ‘Blameworthy’. The Immediate higher authority conducted a Charge Trial on 15 Sept 2014. The Authority declared that the evidence be reduced to writing by convening a ‘Summary of Evidence’.
Meanwhile, on many occasions , between 16-20 Sep 2014, I was apprised by a civil employee working in my unit that he has counselled the lady to reconcile and told me that the lady was very upset and tensed because no witness had deposed in her favour in the ‘Summary of Evidence’ and wanted to speak to me urgently.
I always had a neutral stance and my name was nowhere involved in the matter. However, as the lady also happened to be a daughter of a retired brother soldier (A retd JCO of army) and had worked in my office , I called her.
She told me that she wanted to take the case back as she felt very harassed coming again and again for past one year. I again maintained my neutrality . I called her twice more out of sheer concern.
On 26 Sep 2014, she came to my office and wanted to give a statement of reconciliation withdrawing all allegations against the airman. I asked her to go to the Presiding officer of Summary of Evidence or the immediate higher authority which was handling the case. She refused , citing her sensitivities that she doesn’t want to go there anymore and everyone knows her case and she is a localite and this might also lead to marital discord.
I called in my airman and told him and he accepted her offer. She wrote the statement in presence of 3 more witnesses who were employees of my unit. The other 3 witnesses also satisfied themselves that she was not under any duress / threat to give such a statement and that she had come on her own volition and it was her own desire and decision to withdraw the allegations.
I forwarded the statements of reconciliation between the two immediately to the higher authority handling the case. I have not given any decision or any recommendations or wrote that ‘ the case may be closed’ or that ‘the parties have reached a reconciliation’. I simply forwarded the statement of both to the higher authority for their decision on them.
Now, the IAF authorities didn’t like this development for reasons best known to them . They instituted another court of enquiry against me to probe if I had any role in influencing or pressurizing the complainant.
- The lady never didn’t even attend the proceedings of this Court of Enquiry despite repeated requests and calls from the enquiry officer. She has not offered any statement or complaint in this court of enquiry against anyone.
- The lady has not made any complaint anywhere against me till now in any manner to any authority (military/civil) till date.
- The court of enquiry didn’t declare me as blamed / blameworthy and the proceedings were submitted to the higher convening authority citing her as ‘absent’.
- I pleaded that I am innocent in the whole matter and that I am in fact the one who took the matter to higher authorities for investigation and disposal, i.e. to award a suitable punishment to the offended if he is found guilty. I am aware that the punishment could be a ‘dismissal’ from service , and this is beyond the scope of my quasi-judicial powers and hence the case was forwarded to higher headquarters from the very start . It has been one year, I have not asked any party to reconcile as my name was nowhere involved in the case.
- Today, I have received a show cause notice from the Command Headquarters asking for my reply and citing an asuumed / surmised allegation of ‘ Motive to close the case’, as I have communicated with the complainant on telephone twice or thrice.
- I am sure to be awarded a punishment by my Command headquarters chief called the AOC-in-C of rank of Air Marshal who is higher in the chain of command than my immediate higher authority.
- What can I do to help my case? Isnt it wrong to be issued a show-cause / convene a Court of enquiry in the absence of any complaint?
- I was due for my promotion to the next higher rank after 4 days. The IAF authorities are premeditated to punish me for this ‘assumed / conjectured offence’ and also have delayed my promotion till the whole proceedings are completed.
- The promotion letter has already been issued by Ministry of Defence. But IAF has withheld my promotion and also hell bent on giving me a punishment for the misconduct.
- Kindly guide me as to how can I prepare a good defence.
Thank you very much.