Case and departmental enquiry

J SRINIVASAN (Querist) 03 December 2012 This query is : Resolved
Dear Sir

Kindly find attached my case history file.
MY CASE HISTORY :
I was working as Manager Finance in NTPC Simhadri-Vishakhapatnam.
Earlier from 18.12.1986 to 24th April 2011 I was working in NTPC VSTPS, Madhya Pradesh
On 28th April 2011 , I have joined in Vishakhapatnam office as manager finance
On 22nd June 2011, I was taken to Delhi Head office by my HOD by saying that there is a capitalisation meeting to be held at delhi.
On reaching delhi head office, I was shown some wrong payments / financial irregularities by the corporate ERP team which has took place during the year 2008 to 2011 at VSTPS Madhya Pradesh., i.e., during that period I was working in Madhyapradesh Project. The management wants explanation for that . Originally I was brought to delhi for some capitalization meeting and no such meeting occurred at delhi.
Later, I was told to write down the irregularities appearing on the system in a paper, by saying that these irregularities happened during my tenure at Madhya Pradesh project. The management told me that we will be discussing this matter with Director finance, NTPC who was on tour to Mumbai and likely to return on Saturday i.e., 25th june.
On 25th June 2011, the management told me that it is better to visit VSTPS, Madhya Pradesh project so that the irregularities can be finalized , and then we can meet Director finance. I have also agreed to that.
On 25th night, we have reached Madhyapradesh Unit by flight, then the management has simply served me SUSPENSION LETTER. The officials have never talked or discussed or questioned anything. The suspension letter is simply typed as “ Kept under suspension pending enquiry on report of financial irregularities “. It is not mentioning , what type of irregularities reported and during which period and also the SUSPENSION LETTER is not as per the proforma mentioned in NTPC CDA/Disciplinary Rules.
Immediately after issing the suspension letter, the town inspector appeared at that place, and the management handed over me to the police.
Police produced me before magistrate, Waidhan district- Singrauli and issued warrant to send me to Pachor Jail.
No body has questioned me anything including police. I was totally stunned. My bail application was initially rejected by the lower court , on the reason , that charge sheet not produced by police and also due to the objection imposed by NTPC.
I have moved my bail application with Jabalpur High Court. There also , NTPC oppsed my application and my bail got refused on 18.12.2011 even after 3 months and the chargesheet received. Again a revision was filed by my lawyer and it was withdrawn by him . Again 3rd application was filed by my lawer and I have changed my Lawyer since, the one who has not been appointed , seems to be not responding to my family’s request. After changing the Lawyer at Jabalpur and the hearing , I finally got BAIL on 12.10.2012. In total I WAS IN JAIL NEARLY 16 MONTHS.
After coming out on bail, I have sent a letter to Director HR, NTPC-Delhi , by explaining the facts and questioned my suspension , which is not done as per NTPC norms,CDA/Disiciplinary rules and request them for re-instating me to work . Also I have sent my bail out order copy for release of my subsistence allowance from 01.05.2011 to till date .
The letters were duly sent through Registered Post and Acknowledgement also received . In the meanwhile, I have received a letter from GM Finance NTPC-Delhi, stating that , he is appointed by NTPC as enquiry officer and the letter says that I have to appear before them for departmental enquiry .
MY QUERIES ARE :
1. Can my suspension done by NTPC in cunning way is challengeable before court of Law?
2. Can I approach Court for release of subsistence allowance from 01.05.2011 ?
3. Can I approach Court for STAY - to the improper departmental enquiry ?
4. If it cannot be stayed, then Can I accompany a lawyer for departmental enquiry. ?
5. Since, the trial has started, Can I stop the departmental enquiry , since, displaying my evidences to the department may prejudice to the court case?

THE STATUS OF THE CASE AT COURT :
The case has been committed and charges are framed under IPC 409,420,464,468,471.
The trial has also started on 16.11.2012 and nobody appeared.
The next trial is to take place on 22nd January 2013. I HAVE COLLECTED MY EVIDENCES TO SOME EXTENT FROM NTPC THROUGH PETITION IN TRIAL COURT U/S. 91 OF IPC.
ANY DETAILS ABOUT THE CASE MAY PLEASE BE EMAILED TO ME .
Please suggest me good replies, since my mental agony is increasing day by day . any further details if u need , please mail to my email id .
Srinivasan J

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ajay sethi (Expert) 03 December 2012
no attachments . better contact a local lawyer and resolve your mental agony

J SRINIVASAN (Querist) 03 December 2012
Respected ajay_sethi, please go through my case which contains now the details and help me

Raj Kumar Makkad (Expert) 03 December 2012
1. It is not wise to challenge your suspension before Court of law rather you should face the departmental enquiry.

2. Yes. You can move an application to the enquiry officer immediately even prior to first hearing fixed with him with a prayer to direct the management to rlease subsistence allowance so that you may attend the proceeding. If Enquiry office also fails to direct the management, only then go to court.

3. Not advisable. if there are irregularities in enquiry, those shall ultimately benefit you but nothing seems irregularity at this stage except non-payment of subsistence allowance. I think you might have received the charge-sheet and must have filed its reply within the stipulated time and if not then first demand it from enquiry officer with subsistence allowance.

4. You can pray to the enquiry officer but his decision shall be final.

5. Yes, this is your legal right.

You are required to be cool and do best efforts to falsify the departmental allegations as well as police case.

Sudhir Kumar, Advocate (Expert) 03 December 2012
You have not disclosed :-

(i) If there is any chargesheet by the deptt without which there cannot be any inquiry officer?
(ii) Have you receive any order of appointment of IO and PO.
(iii) Whether PSU has consulted CVC.
(iv) Whether your suspension is reviewed after 3 months if not it ceases to exist.
(v) Whether subsistence allowance has been reviewed.
(vi) Whether subsistence allowance has actually been paid.
(vii) How many persons have been arrested by police

You have not stated whether the irregularities were actually committed by you or you had only supervisor lapse.

Your questions attempted as under :-

1. Can my suspension done by NTPC in cunning way is challengeable before court of Law?

Ans :-The mode of service of suspension order is un usual and speaks of malafide. But the challenge can be on other grounds.

You have not intimated as to whether you have challenged the suspension before the Appellate Authority within NTPC

2. Can I approach Court for release of subsistence allowance from 01.05.2011 ?

Ans :-Yes. As advised by Mr Makkar you should inform the IO regarding non-receipt of subsistence allowance. Please note that non-payment of subsistence allowance amounts to denial of opportunity of defence and whole proceedings can crumble (if you are punished) on this ground. So if the IO or the Disciplinary Authority ignores this representation then they are causing undue benefit to you.

Deptt will be fully justified for non-payment of subsistence allowance if you have not rendered the certificate of non0engagement.

3. Can I approach Court for STAY - to the improper departmental inquiry ?

Ans :-You have not stated whether the deptt chargesheet and criminal chargesheet is on the same facts and evidence and whether your defence in criminal case is compromised by the cross-examination in depttl inquiry. If so you can try getting stay in court.

4. If it cannot be stayed, then Can I accompany a lawyer for departmental inquiry. ?

Ans :- No. But subject to the provisions of your CDA Rules you have a right to be defended through any serving /retired central/state govt employee of your choice.

Taking help of lawyer in depttl inquiry is the discretion of the Disciplinary Authority ( not of the Inquiry officer). Without permission of Disciplinary Authority the IO cannot allow advocate to you in depttl inquiry.

Unless you handle the inquiry carefully the deptt can prove the charges and dismiss you even before conviction by the court.

5. Since, the trial has started, Can I stop the departmental inquiry , since, displaying my evidences to the department may prejudice to the court case?

Ans :-You can try and it may be advisable. But beware. The NTPC is not covered in CAT jurisdiction and you will have to move to High Court which also has a jurisdiction to direct trial judge to expedite the trial.

J SRINIVASAN (Querist) 03 December 2012
dear raj kumar sir, i have not received the chargesheet till now, Once the management has produced the chargesheet while i was in jail, but i was expecting my bail., hence, i have not accepted the chargesheet at that time. now only, after the bail, the management is calling me for the preliminary enquiry.

Guest (Expert) 03 December 2012
1) Of course, suspension is challeneable in the court of law, but the case is likely to be dismissed without your having exhausted the departmental channels. So, I endorse the views of Shri Raj Kumar Makkad on this point. You can however submit an appeal to the appellate authority in the NTPC on merits of your case. Even otherwise, suspension can automatically be treated as duty period if you are exonerated in the case. So, better defend your case effectively.

2) You can approach court for release of subsistence allowance, provided the management has failed to adhere to your requests for release of subsitence allowance. At first, you may better submit your representation to the authority, who made your suspension, to issue order for fixation and release of subsistence allowance.

3) Court normally does not intervene in the due process of departmental inquiry untill the inquiry process has been completed and decision communicated to the charged officer as well as his appeal is also subsequently rejected.

4) Services of lawyer would be permissible to you in departmental inquiry only in case the department has also engaged a practising avocate as a Presenting Officer, otherwise not.

5) You can request the competent authority to stay the departmental proceedings till finalisation of the court case under IPC 409,420,464,468,471 with the request that any evidence adduced during departmental inquiry may prejudice your court case. You can also get stay order from the court on that ground, if the authorities do not agree to your request.

BUT, mind it, court cases take plenty of time to be decided. So your departmental inquiry case would be unduly delayed to your own disadvantage on several counts on that account.

Sudhir Kumar, Advocate (Expert) 03 December 2012
So the management tried to serve charge-sheet and you refused to accept. Even if you were in Jail you were expected to receive the charge-sheet. So requirement of law of service of charge-sheet is complete and you have no charge-sheet. Appointment of IO is not illegal. Action is correct technically. You will suffer if refusing to join on this issue.

This is self created misery. Any way you can request for copy of the charge-sheet now.

Sudhir Kumar, Advocate (Expert) 03 December 2012
query repeated at http://www.lawyersclubindia.com/experts/Queries-may-please-be-replied--356346.asp

Raj Kumar Makkad (Expert) 03 December 2012
Once you refused to accept charge-sheet, the onus of the management completed in this respect and you cannot blame the management on any of the subsequent actions taken thereafter.

J SRINIVASAN (Querist) 03 December 2012
dear sudhir kumar sir,
You have not disclosed :-

(i) If there is any chargesheet by the deptt without which there cannot be any inquiry officer?
i was arrested on 25.06.2011, after one year, the management sent his lawyer to the jail for issuing the charge sheet. I am left alone in Madhya pradesh and only my wife is here. I have talked with the trial court judge also., he too has suggested me that the charge sheet can be challenged under CAT in Jabalpur high court, i was waiting for my bail . I got bail on 12.10.2012., now I am not rejecting the charge sheet. my view is once i attend the pre. enquiry , i will accept the same and challenge it before CAT
(ii) Have you receive any order of appointment of IO and PO.
the order of appointment of IO and PO I have not received. but these orders were shown to me in jail by NTPC. I have not received the same
(iii) Whether PSU has consulted CVC.
I do not know whether NTPC has consulted the CVC or not
(iv) Whether your suspension is reviewed after 3 months if not it ceases to exist.
I do not know whether my suspension is reviewed by management or not . no communication from NTPC with regards to it
(v) Whether subsistence allowance has been reviewed.
i do not know sir
(vi) Whether subsistence allowance has actually been paid.
NO, till date the sub.allowances are not paid. I have claimed the same with NTPC.
(vii) How many persons have been arrested by police
Only I have been arrested. the other beneficieries and the superiors who have signed the document were not arrested by police. NTPC has made only against me FIR
I was working as dy manager. below me accts. assistant was there and above me DGM finance was there. every one has signed the voucher. still no body has been arrested by police. EVEN Nobody is there in my witness GAWAH

J SRINIVASAN (Querist) 03 December 2012
dear sudhir sir
the irregularities were not actually committed by me and it is only supervisor lapse.

J SRINIVASAN (Querist) 03 December 2012
dear sudhir sir
I have have challenged the suspension before the Appellate Authority within NTPC. i have addressed the letter to CMD as well as director HR ., they have received the letter too. i got ack. but till today no action from their end

J SRINIVASAN (Querist) 03 December 2012
dear rajkumar sir, i am not blaming the management that they are issuing the charge sheet. they have suspended me without adhereing the law of natural justice and cda and disciplinary rules and tried to issue me the charge sheet after one year of arrest in jail and now oppsed my bail and after the bail, now they are calling for preliminary enquiry. i will first ask for subsistence allowance and allowing a lawyer along with me to attend enquiry . after getting subsistence allowance, i will intimate them that both the facts are same and the disclosing of evidence to department will prejudice to the court case and therby i will ask the management to wait till completion of the trial. thanks for your advice sir

Raj Kumar Makkad (Expert) 04 December 2012
You have very well understood your line of defence. We all are always with the person unnecessarily suffering from biased attitude of managements.

Guest (Expert) 04 December 2012
Dear Srinivasan,

In your main query, you never stated that you were arrested and put in prison by the police and had to get bail. So, any communication gap on your own part can lead to misleading advice, which can be disadvantageous to you only.

It is for your information that once am employee is arrested and remains for 48 hours or more in police/judicial custody, the suspension has mecessarily to be resorted to by the management, which is called as deemed suspension. So, where comes the question of natural justice on the part of management?

I can only say that if you try shortcuts and also make an unusual and undue mix up of the criminal case with the departmental inquiry case, you will only spoil both of your cases. Deal with both the cases separately and adopt separate legal or administrative processes, as the case may be.

It would be better for you to hire services of some good lawyer for your court case and also a knowledgeable service procedures & laws expert separately for your departmental inquiry case, as if you deal with your case in slipshod manner, instead of gaining something you would only land in a state of sheer frustration with the failure of even any one of the two of your cases. Strong defence is quite necessary in both the cases separately.

J SRINIVASAN (Querist) 04 December 2012
dear shri dhingra sir, I have mentioned in my query that after issuing suspension letter, i was handed over to the town inspector on 25.06.2011, who has taken me to the police station , on 26th 06.2011,and presented before the majistrate on 26th and warrant issued for sending me to jail. police never caught me somewhere and arrested. i was handed over by ntpc after brought up from vishakhapatnam to delhi and delhi to varanasi and to madhya pradesh ntpc office. morning he showed me the fir filed by ntpc officials. as per ntpc norms , the rule for suspension is , after report of financial irregularity against a person , first a preliminary enquiry is to be conducted, then after reviewing the preliminary enquiry, the case may be dropped or the concerned may be suspended pending departmental enquiry. in my case, no preliminary enquiry has been conducted. directly they have handed over me to the police and filed an fir . i have gone through the CDA and disiciplinary rules of NTPC and then only asking here the queries and not wishing any short cut method sir. i have also put a letter to CMD and director HR for reviewing my suspension, the method they did and re-voke the same and reinstate me to work . but there is no reply till now.

Guest (Expert) 04 December 2012
Are you still in the state of suspension or reinstated, as there are some contrary statements in your posts? In your main query you expressed your desire to challenge suspension in the court of law by stating "Can my suspension done by NTPC in cunning way is challengeable before court of Law?" but in your latest post you have stated, "the method THEY DID and re-voke the same and reinstate me to work. but there is no reply till now."

If they have reinstated on the basis of your representation you cn treat it as the response/ reply of the management. The only thing remains is the regularisation of suspension period.

So, please be clear first what is the present status of your case, as none of us can presume about that unless you state clearly.

J SRINIVASAN (Querist) 04 December 2012
dear dhingra sir, i am still under suspension , the case has committed in the trial court, i came on bail on 12.10.2012, after comming out on bail, i have written a letter to ntpc director hr explaining all the facts and asked him to revoke my suspension since it is not done as per norms of ntpc disciplinary procedure. i hav received ack. but till today no reply . i am thinking of sending a reminder again. if they not respond , can i seek the help of the court . this was my query

Guest (Expert) 04 December 2012
Dear Srinivasan,

Please don't mind, what I feel is that you have not been able to present the case properly before the management as well as before the experts here. Your own language, "the method THEY DID and re-voke the same and reinstate me to work,' denoted as if your suspension has already been revoked, but now as per your latest information you are still under suspension.

Further, the vital issue is whether you are adopting the prescribed procedure of the CDA rules or not. From your latest post, it seems as if you have been resorting only to general corespondence with the management instead of adopting formal procedure as prescribed in your organisation's CDA rules. Please note, in such cases, no other correspondence to any authority can evoke any reply except by making an appeal to the prescribed appellate authority by hustifying your stand in the case, as per the CDA Rules of NTPC.

To be frank, had you been clear and precise in your expressing your problem of the case, the thread of this query would not have been stretched too far in suggestions & advice by the experts and additional supplementary questions by you.

J SRINIVASAN (Querist) 04 December 2012
thanks dhingra sir, i will go through the CDA rules again and try to correspondence with the management with an appeal to the prescribed appellate authority by justifying the stand in my case as per the CDA rules of NTPC

Guest (Expert) 04 December 2012
You are welcome. Do as per the CDA rules, but with due care, cautions in and effective presentation of your case.

J SRINIVASAN (Querist) 04 December 2012
thank u very much shri dhingra sir

Guest (Expert) 04 December 2012
You are welcome.

PARDEEP KUMAR (Expert) 04 December 2012
Mr. Srinivasan, pointwise reply to your initial queries is:

1. Suspension do not amount to punishment, though you can challenge the same, but the same would be of no avail. Till you remained in prison, there was no requirement for review of suspension for NTPC, however, since you came out, not only review of suspension but also review of subsistence allowance is invariably required every 6 months, in case there is no review of suspension, it stands revoked ipso-facto.

2. Instead of Court, ask, NTPC to release your subsistence allowance, if they don't then approach C.A.T.

3. Yes you can but I am afraid that won't be of any use, however, the law/rule is that where criminal charge and charge in departmental proceedings are identical involving important common question of law and facts, departmental inquiries needs to be stayed till criminal proceedings are over, else, there is no ban in carrying over of departmental proceedings with criminal trial simultaneously.

4. You can engage a advocate as your Defence Assistant only if, the department has appointed an Advocate as Presenting Officer. However, I suggest, a person well versed with service rules, would suffice your purpose.
5. replied in point 3 above.

Sudhir Kumar, Advocate (Expert) 04 December 2012

Department has tried to give you chargesheet and you refused.

You can challenge suspension, non-payment and non-review of subsistence allowances but challenging chargesheet may be waste of money as CAT does not normally interfere at chargesheet stage. You do not even have a copy of the chargesheet and you yourself are responsible for it. You could have received chargesheet in Jail and requested Disciplinary Authority that being in Jail you are unable to defend.

The view of Trial judge is not relevant for challenge of chargesheet. It was irrelevant for you to talk to trial judge on the departmental chargesheet which he knows he has no jurisdiction. He has just disposed off your irrelevant query during production advising you to challenge the same in CAT while NTPC is not in the jurisdiction of CAT.

So while you were in Jail IO PO was appointed after you refused to accept the chargesheet the inquiry did not start as long as you were in Jail. The action is perfect.

Who showed this order to you I believe this was served upon you and you refused to accept the same way as chargesheet.

If you have received no review order then your suspension as well as subsistence allowance is not review and it ceases to exist (unless your CDA Rules have a provision contrary to CCS/CC&Rules)

If you alone have been arrested then it may not be simply a supervisor lapse. But you do not even have chargesheet as to see what the allegations are. Better ask for a copy.

If all other persons have been let out without even a chargesheet and if CVC has not been consulted then why you yourself do not complain to CVC.

If Appeal against suspension has not been disposed off within reasonable time you can move to Court (but against suspension only)

If you have not submitted any certificate of non-employment then subsistence allowance cannot be paid to you and deptt is justified. If they do not pay subsistence allowance even after such certificate given by you then they are spoiling the case against you and conferring a favour to you by vitiating the proceedings.

You want to request for appearance of lawyer in the inquiry and in all probability it will be rejected the choice is yours either you fight out the matter till Supreme Court spending years and lakhs of rupees or take the help of any serving/retired Govt employee well versed in inquiry procedure called Defence assistance. Some of them argue well in the inquiry. If your advocate. All advocates appearing in criminal court are not well versed with the departmental inquiry procedure.

Regarding suspension you have not understood what Mr Dhingra has stated regarding suspension. Please be educated that if you remained in custody for 48 hours (justified or not) (whether deptt handed over to you or police chased you) YOU ARE DEEMED SUSPENDED. Such suspension need to be reviewed after every three months lest it is untenable.

Mr Dhingra pointed out that you said that "the method THEY DID and re-voke the same and reinstate me to work. but there is no reply till now." REVOCATION ITSELF IS THE REPLY AND YOU ARE IN NO MOOD TO UNDERSTAND.

Whether or not you are receiving salary? If receiving no salary even after reinstatement then move to court for salary.

J SRINIVASAN (Querist) 04 December 2012
thank you sudhir kumar sir, now i have understood the facts and points clearly . only one clarification to u as well to shri dhingra ji , that i have mentioned the method they did and revoke the same and reinstate me to work , it seems has confused the experts approach . actually , i am still under suspension and after comming out of bail, ntpc has sent me through enquiry office to appear before them on 5th december 2012 along with my evidences if any . i agree to your view that i should have accepted the chargesheet as well as the copy of the io and ao. but my condition at that time of jail was invariably does not permit me to do so. even my lawyer not ready to con sole me. i was left with only my wife and no one to help me . i was totally feared that if i accept and does not reply to charge sheet within 15 days ntpc may terminate me like that . any how , now i will ask the enquiry officer to supply me a copy of charge sheet and relevant documents before attending enquiry. actually in my case let me be frank total 65 lakhs heraferi has been reported by ntpc to the police and out of which nearly 53 lakhs has been recovered from the employees to whom the payment has been made. ntpc claims that since, my employee id is appearing sap software, i did this mistake like that , and the beneficieres of 53 lakhs are not at all included in my witness. GAWAH . and no one has been arrested also other than me . the irregularities happened in 2008 and the management got back the money from the beneficiers in 2012. no action taken by management . it seems , the management is hiding somebody and involving me totally . any how i will obtain copies as mentioned by you and i have already written to the management regarding release of my subsistence allowance, i hope they will release soon , if not i will move to court . regarding lawyer , i am not so specific , if enquiry officer rejects , i will select as proposed by you some defecnce personnel . i will find out and if ntpc has not consulted cvc then i will consult them . thanks for your valuable views and opinion.

J SRINIVASAN (Querist) 04 December 2012
dear sudip sir , one more point . actually i have been suspended FIRST BY NTPC ON 25TH NIGHT AND IMMEDIATLY WITHIN 5 MINUTES I HAVE BEEN HANDED OVER TO POLICE BY NTPC AND STAYED IN POLICE STATION FOR NEARLY 12 HOURS . SUSPENSION TOOK PLACE FIRST , THEN HANDED OVER TO POLICE. AS PER NTPC DISCIPLINARY RULES FIRST ON REPORT OF MISCONDUCT, FIRST PRELIMINARY ENQUIRY IS TO TAKE PLACE , THEN THE PRELIMINARY AUTHORITY IF NOT SATISFIED, WILL ORDER FOR SUSPENSION OF charged employee and the charge sheet is to be given along with the suspension or within 7 days . this is as per ntpc dis.rules . in my case nothing has been followed. called for some fake meeting , shoed some irregularities . handed over the suspension letter, then handed over to police , then to jail . now in bail and your valuable help will be most helpful to me sir

J SRINIVASAN (Querist) 04 December 2012
dear pradeep kumar sir, thanks for the valuable views and opinion , actually i have been suspended FIRST BY NTPC ON 25TH NIGHT AND IMMEDIATLY WITHIN 5 MINUTES I HAVE BEEN HANDED OVER TO POLICE BY NTPC AND STAYED IN POLICE STATION FOR NEARLY 12 HOURS . SUSPENSION TOOK PLACE FIRST , THEN HANDED OVER TO POLICE. AS PER NTPC DISCIPLINARY RULES FIRST ON REPORT OF MISCONDUCT, FIRST PRELIMINARY ENQUIRY IS TO TAKE PLACE , THEN THE PRELIMINARY AUTHORITY IF NOT SATISFIED, WILL ORDER FOR SUSPENSION OF charged employee and the charge sheet is to be given along with the suspension or within 7 days . this is as per ntpc dis.rules . in my case nothing has been followed. called for some fake meeting , shoed some irregularities . handed over the suspension letter, then handed over to police , then to jail . now in bail and your valuable help will be most helpful to me sir. i have applied for sub. allowance last month . let us wait for some more time and if they refuse then i will approach CAT for the same as adviced by you.
actually the facts of dept. enquiry and the case are same . and EVIDENCE IS THE MAIN FACTOR IN BOTH . if i reveal the evidence to ntpc , then it will be prejudical to the court . it will jeopardise the case . that is why i wish to get stay on this ground . i hope i can do so .

Raj Kumar Makkad (Expert) 04 December 2012
You shall definitely do miracle now after obtaining the best advice which one litigant can obtain from such senior and experienced lawyers.

J SRINIVASAN (Querist) 04 December 2012
dear raj kumar makkad sir, i hope you are really appreciating me . I dont want to do any miracle sir , i want to get rid of my case in which I only been confessed and i will get rid of my mental agony once i get out of this case/issue/matter.
any how thanks for your real wishes

Raj Kumar Makkad (Expert) 04 December 2012
Most welcome Srinivasan.

Sudhir Kumar, Advocate (Expert) 05 December 2012
Please decide what you wan to say

You said that you spent in jail about more than an year and now you are sayng that custody was for 12 hours only.

You yourself appreciated that “actually the facts of dept. enquiry and the case are same . and EVIDENCE IS THE MAIN FACTOR IN BOTH . if i reveal the evidence to ntpc , then it will be prejudical to the court . it will jeopardise the case . that is why i wish to get stay on this ground . i hope i can do so .

”

Then my dear why you do not seek stay on the proceedings on the same ground. Why are you repeating the same facts.

You also say that
“AS PER NTPC DISCIPLINARY RULES FIRST ON REPORT OF MISCONDUCT, FIRST PRELIMINARY ENQUIRY IS TO TAKE PLACE , THEN THE PRELIMINARY AUTHORITY IF NOT SATISFIED, WILL ORDER FOR SUSPENSION OF charged employee and the charge sheet is to be given along with the suspension or within 7 days . this is as per ntpc dis.rules . in my case nothing has been followed.”

I really doubt whether any such rule can be there putting so much fetters on suspension. In any case custody beyond 48 hours places you under deemed suspension.

If you are satisfied that any such rule exists then why you do not challenge suspension on the same ground and put an end to suspension ab-initio and get full salary.

You are yourself saying that “called for some fake meeting , shoed some irregularities”

My dear thisis the investigation. You have been shown irregularities and requested to offer you version which when found not satisfactory has resulted in suspension and arrest.

You say that “i have applied for sub. allowance last month . let us wait for some more time and if they refuse then i will approach CAT for the same as advised by you.”

I am reproducing a list of organization covered in CAT jurisdiction, (source http://cgat.gov.in/department_wise.htm) you decide whether NTPC is there:-

(A) ALL INDIA SERVICES

1. Indian Administrative Service
2. Indian Police Service
3. Indian Forest Service
4. Indian Foreign Service

(B) OTHER SERVCES REGULATED BY CENTRAL GOVERNMENT
SERVICE RULES

5. M/o Agriculture
6. M/o Chemicals & Fertilisers
7. M/o Civil Aviation and Tourism
8. M/o Civil Supplies, Consumer Affairs & Public Distribution
9. M/o Coal
10. M/o Commerce
11. M/o Communications
12. M/o Defence
13. M/o Environment and Forests
14. M/o External Affairs
15. M/o Finance
16. M/o Food
17. M/o Food Processing Industries
18. M/o Health and Family Welfare
19. M/o Home Affairs
20. M/o Human Resource Development
21. M/o Industry
22. M/o Information and Broadcasting
23. M/o Labour
24. M/o Law and Justice and Company Affairs
25. M/o Mines
26. M/o Non-Conventional Energy
27. M/o Parliamentary Affairs
28. M/o Personnel, Public Grievances and Pensions
29. M/o Petroleum and Natural Gas
30. M/o Planning and Programme Implementation
31. M/o Power
32. M/o Railways
33. M/o Rural Development
34. M/o Science and Technology
35. M/o Steel
36. M/o Surface Transport
37. M/o Textiles
38. M/o Urban Development
39. M/o Water Resources
40. M/o Welfare
41. D/o Atomic Energy
42. D/o Electronics
43. D/o Ocean Development
44. D/o Space
45. Cabinet Secretariat
46. President’s Secretariat
47. Prime Minister’s Office
48. Planning Commission
49. Government of India Press
50 Staff Selection Commission
(C) OTHER SERVICES COVERED BY CENTRAL CIVIL SERVICES RULES,
C.& A.G., PUBLIC SECTOR, AUTONOMOUS BODIES

51. Comptroller and Auditor General of India
52. Controller General of Accounts
53. Chief Election Commissioner
54. Planning Commission
55. Union Public Service Commission
56. U.T. of Andaman & Nicobar Island
57. U.T. of Chandigarh
58. U.T. of Dadra & Nagar Haveli
59. U.T. of Daman & Diu
60. U.T. of Delhi
61. U.T. of Lakshadweep
62. U.T. of Pondicherry
63. Central Board of Trustees/Central Provident & Fund Commissioner
64. Employees’ State Insurance Corporation
65. Central Board of Workers Education
66. National Labour Institute
67. National Council of Safety in Mines, Dhanbad
68. Council of Scientific and Industrial Research
69. Central Social Welfare Board
70. Indian Council of Agriculture Research

(D) LIST OF CORPORATIONS/ SOCIETIES/OTHER AUTHORITIES WITHIN THE PURVIEW OF CAT UNDER SECTION 14(2) OF THE AT ACT, 1985

1. Central Board of Trustees Constituted under the Employee's Provident Funds and Miscellaneous Provisions Act, 1952
2. Employee's State Insurance Corporation
3. Central Board for Worker's Education
4. Natioinal Labour Institute
5. National Council for Safety in Mines, Dhanbad
6. Council of Scientific and Indistrial Research
7. Central Social Welfare Board
8. Indian Council of Agricultural Research
9. Sports Authority of India
10. National Council for Hotel Management and Catering Technology, Library Avenue, Pusa, New Delhi.
11. Institute of Hotel Management,Catering and Nutrition, Library Avenue, Pusa, New Delhi.
12. Institute of Hotel Management,Catering Technology and Applied Nutrition, Mumbai.
13. Institute of Hotel Management,Catering Technology and Applied Nutrition, Chennai.
14. Institute of Hotel Management,Catering Technology and Applied Nutrition, Kolkata.
15. Institute of Hotel Management,Catering Technology and Applied Nutrition, Goa.
16. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bangalore.
17. Institute of Hotel Management,Catering and Nutrition, Lucknow.
18. Institute of Hotel Management,Catering Technology and Applied Nutrition, Hyderabad.
19. Institute of Hotel Management,Catering and Nutrition, Ahmedabad.
20. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bhubaneswar.
21. Institute of Hotel Management,Catering Technology and Applied Nutrition,Jaipur.
22. Institute of Hotel Management,Catering Technology and Applied Nutrition, Bhopal.
23. Institute of Hotel Management,Catering Technology and Applied Nutrition, Srinagar.
24. Institute of Hotel Management,Catering Technology and Applied Nutrition, Guwahati.
25. Institute of Hotel Management,Catering Technology and Applied Nutrition, Gwalior.
26. Institute of Hotel Management,Catering Technology and Applied Nutrition, Thiruvananthampuram.
27. Institute of Hotel Management,Catering Technology and Applied Nutrition, Chandigarh.
28. Institute of Hotel Management,Catering Technology and Applied Nutrition, Gurdaspur.
29. Institute of Hotel Management,Catering Technology and Applied Nutrition, Shimla.
30. Institute of Hotel Management,Catering Technology and Applied Nutrition, Patna.
31. National Power Training Institute, Faridabad (Haryana).
32. Central Pollution Control Board
33. Indian Institute of Advanced Study, Shimla.
34. Kendriya Vidyalaya Sangathan
35. Navodya Vidyalaya Samiti
36. Indian Council of Medical Research
37. Film and Television Institution of India, Law College Road, Pune.
38. Satyajit Ray Film and Television Institute, Kolkata.
39. National Council of Educational Research and Training, M/o Human Resource Development
40. University Grants Commission, M/o Human Resource Development
41. Central Tibetan Schools Administration and Central School for Tibetans, M/o HRD
42. Indian Institute of Astrophysics, D/o Science and Technology
43. Indian Council of Forestry Research and Education, M/o Environment and Forests
44. Indian Institute of Forest Management, M/o Environment and Forests
45. Indian Plywood Industries Research and Training Institute, M/o Environment and Forests
46. National Institute of Biologicals, M/o Health and Family Welfare
47. Council for Advancement of People's Action and Rural Technology, M/o Rural Development
48. National Institute of Rural Development
49. National Rural Roads Development Agency, M/o Rural Development
50. National Highway Authority of India, M/o Shipping, Road, Transport and National High Ways
51. International Institute for Population Sciences, M/o Health and Family Welfare
52. Dental Council of India, M/o Health and Family Welfare
53. Lala Ram Sarup Institute of Tuberculosis and Respiratory Diseases, M/o Health and Family Welfare
54. Chittaranjan National Cancer Institute, Kolkata, M/o Health and Family Welfare
55. Hindustan Latex Ltd, M/o Health and Family Welfare
56. Consultancy Development Centre, M/o Science and Industrial Technology
57. Delhi Development Authority, M/o Urban Development
58. National Horticulture Board, M/o Agriculture
59. National Cooperative Development Corporation, M/o Agriculture
60. Small Farmers Agriculture Business Consortium, M/o Agriculture
61. National Institute for Agricultural Extension and Management, M/o Agriculture
62. Coconut Development Board, M/o Agriculture
63. Income Tax Appellate Tribunals, M/o Law and Justice
64. Telecom Regulatory Authority of India, M/o Communications and Information Technology
65. National Institute of Health and Family Welfare
66. All India Institute of Speech and Hearing
67. Pasteur Institutes of India, M/o Health and Family Welfare
68. North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong
69. Central Institute of Plastics Engineering and Technology, M/o Chemicals and Fertilizers
70. North Eastern Handicrafts and Handlooms Development Corp.Ltd.(NEHHDC)
71. North Eastern Regional Agricultural Marketing Corp. Ltd. (NERAMAC), M/o Development of NE Region
72. Pension Fund Regulatory and Development Authority(PERDA),M/o Fin.,D/o Economic Aff.
73. National Institute Public Finance and Policy (NIPFP), M/o Finance, D/o Revenue
74. Indo German Tool Rooms, M/o Micro, Small and Medium Enterprises
75. Central Tool Room, Ludhiana, M/o Micro, Small and Medium Enterprises
76. Central Tool Room and Training Centre, Bhubaneswar, M/o Micro, Small and Medium Enterprises
77. Central Tool Room and Training Centre, Kolkata, M/o Micro, Small and Medium Enterprises
78. Central Tool Room and Training Centre, Guwahati, M/o Micro, Small and Medium Enterprises
79. Indo Danish Tool Room, Jamshedpur, M/o Micro, Small and Medium Enterprises
80. Central Institute of Hand Tools, Jalandhar, M/o Micro, Small and Medium Enterprises
81. Process-cum-Product Development Centres, M/o Micro, Small and Medium Enterprises
82. Electronics Service and Training Centre, Ramnagar, M/o Micro, Small and Medium Enterprises
83. Institute for Design of Electrical Measuring Instruments, Mumbai, M/o Micro, Small and Medium Enterprises
84. Central Institute of Tool Design, Hyderabad, M/o Micro, Small and Medium Enterprises
85. Fragrance and Flavour Development Centre, Kannauj, M/o Micro, Small and Medium Enterprises
86. Central Footwear Training Institutes, M/o Micro, Small and Medium Enterprises
87. Centre for the improvement of Glass Industry, Firozabad, M/o Micro, Small and Medium Enterprises
88. The National Small Industries Corporation Ltd., M/o Micro, Small and Medium Enterprises
89. National Institute for Entrepreneurship and small Business Development, M/o Micro, Small and Medium Ent.
90. National Institute for Micro, Small and Medium Enterprises
91. Indian Institute of Entrepreneurship, M/o Micro, Small and Medium Enterprises
92. Indian Council of World Affais, M/o External Affairs
93. Central Agricultural University, Imphal
94. National Institute of Hydrology, M/o Water Resources
95. National Water Development Agency, M/o Water Resources
96. Narmada Control Authority, M/o Water Resources
97. Brahamaputra Board, M/o Water Resources
98. National Remote Sensing Agency, Deptt. of Space
99. North Eastern Space Application Centre (NESAC), Deptt. of Space
100. Physical Research Laboratory (PRL), Deptt. of Space
101. National Atomospheric Research Laboratory (NAR), Deptt. of Space
102. Semi-Conductor Laboratory (SCL), Deptt. of Space
103. Indian Institute of Space Science and Technology (IISST)
104. Central Council for Research in Ayureveda and Siddha, M/o Health and Family Welfare
105. Central Council for Research in Homeopathy, M/o Health and Family Welfare
106. Central Council for Research in Yoga and Naturopathy, M/o Health and Family Welfare
107. Central Council for Research in Unani Medicine, M/o Health and Family Welfare
108. Central Council of Indian Medicine, M/o Health and Family Welfare
109. Central Council of Homeopathy, M/o Health and Family Welfare
110. Rashtriya Ayurved Vidyapeeth, M/o Health and Family Welfare
111. Morarji Desai National Institute of Yoga, M/o Health and Family Welfare
112. National Institute of Naturopathy, Pune, M/o Health and Family Welfare
113. National Institute of Ayurveda, Jaipur, M/o Health and Family Welfare
114. National Institute of Unani Medicine, Bangalore, M/o Health and Family Welfare
115. National Institute of Homeopathy, Kolkata, M/o Health and Family Welfare
116. National Institute of Siddha, Chennai, M/o Health and Family Welfare
117. Indira Gandhi Rashtriya Udaan Academy, Rae Bareli, M/o Civil Aviation
118. National Institute of Fashion Technology, M/o Textiles
119. Central Wool Development Board, M/o Textiles
120. National Centre for Jute Diversification (NCJD), M/o Textiles
121. Central Silk Board, M/o Textiles
122. Office of Commissioner of Payments, New Delhi, M/o Textiles
123. Textiles Committee, M/o Textiles
124. Jute Manufacturers Development Council, M/o Textiles
125. National Institute of Design, Ahmedabad, M/o Commerce and Industry
126. National Council for Cement and Building Materials, Ballabhgarh, M/o Commerce and Industry
127. Indian Rubber Manufacturers Research Association, Thane, M/o Commerce and Industry
128. Central Pulp and Paper Research Institute, Saharanpur, M/o Commerce and Industry
129. National Productivity Council, New Delhi, M/o Commerce and Industry
130. Quality Council of India, M/o Commerce and Industry
131. National Institute of Public Cooperation and Child Development, M/o Child and Development
132. Central Adoption Resource Authority, M/o child and Development
133. Indian Council for Cultural Relations (ICCR), M/o External Affairs
134. Indian Institute of Mass Communication, M/o Information and Broadcasting
135. Press Council of India, M/o Information and Broadcasting
136. Children's Film Society of India, M/o Information and Broadcasting
137. National Institute of Financial Management, M/o Information and Broadcasting
138. National Centre for Antarctic and Ocean Research, M/o Earth Sciences
139. National Institute of Ocean Technology, M/o Earth Sciences
140. National Institute of Tropical Meteorology, M/o Earth Sciences
141. Indian National Centre for Ocean Information Services, M/o Earth Sciences
142. The National Oilseeds and Vegetable Oils Development Board, M/o Deptt. of Agricultural and Cooperation
143. Delhi Urban Art Commission, M/o Urban Development
144. National Institute of Urban Affairs, M/o Urban Development
145. National Capital Region Planning Board, M/o Urban Development
146. Rajghat Samadhi Committee, M/o Urban Development
147. National Institute of Mental Health and Neuro Sciences, Bangalore, M/o Health and Family Welfare
148. Postgraduate Institute of Medical Education and Research, Chandigarh, M/o Health and Family Welfare
149. Institute of Pesticides Formulation Technology, M/o Chemicals and Fertilizers
150. National Minorities Development and Finance Corp., New Delhi, M/o Minorities Affairs
151. Nehru Yuva Kendra Sangathan (NYKSO), M/o Youth Affairs and Sports
152. Lakshmibai National Institute of Physical Education, Gwalior, M/o Youth Affairs and Sports
153. Mahanagar Telephone Nigam Limited, M/o Communications and Information Technology
154. Bharat Sanchal Nigam Limited, M/o Communications and Information Technology
155. All India Institute of Medical Sciences, New Delhi, M/o Health and Family Welfare
156. Tungabhadra Steel Products Ltd., M/o Heavy Industries and Public Enterprises
157. Sponge Iron India Limited, M/o Steel
158. Housing and Urban Development Corporation, M/o Housing and Urban Poverty Alleviation
159. Hindustan Prefab Ltd., M/o Housing and Urban Poverty Alleviation
160. Rajiv Gandhi National Institute of Youth Development, M/o Youth Affairs and Sports
161. National Power Training Institute, M/o Power
162. Hindustan Organic Chemicals Limited, M/o Chemicals and Fertilizers
163. National Building Construction Corporation, M/o Urban Development
164. Delhi Metro Rail Corporation, Govt. of NCTD
165. Indian Tourism Development Corporation and its subsidiaries, M/o Tourism
166. Rail Vikas Nigam Ltd., M/o Railways
167. Mumbai Rail Vikas Corporation Ltd., M/o Railways
168. Kudremukh Iron Ore Company, M/o Steel
169. Bharat Heavy Plates and Vesels Limited, Deptt. of Heavy Industry and Public Enterprises
170. Bharat Pumps and Compressors Limited, Deptt. of Heavy Industry and Public Enterprises
171. Minerals Explorations Corporation Ltd., M/o Mines
172. Hindustan Copper Limited, M/o Mines
173. National Aluminium Company Limited, M/o Mines
174. Jawaharlal Aluminium Research Development and design centre, M/o Mines
175. National Institute of Rock Mechanics, M/o Mines
176. National Institute of Miners Health, M/o Mines
177. Rail India Technical and Economic Services Limited (RITES), M/o Railways
178. Municipal Corporation of Delhi, Govt. of NCTD
179. New Delhi Municipal Council, Govt. of NCTD
180. Delhi Jal Board, Govt. of NCTD
181. Delhi Wakf Board, Govt. of NCTD
182. Delhi Transport Corporation, Govt. of NCTD
183. Delhi State Industrial and Infrastructure Development Corporation Limited, Govt. of NCTD
184. Delhi Cooprative Housing Finance Corporation, Govt. of NCTD
185. Prasar Bharati, M/o Information and Broadcasting
186. Central Board of Secondary Education, M/o Human Resources Development
187. All India Board of Secondary Education, M/o Human Resource Development
188. All India Council of Technical Education, M/o Human Resource Development
189. National Board of Examination (NBE), M/o Health and Family Welfare
190. Indian Red Cross Society (IRCS) M/o Health and Family Welfare
191. Medical Council of India, M/o Health and Family Welfare
192. National Human Rights Commission, Autonomous statutory organization under the Ministry of Home Affairs
193. Software Technology Parks of India (STPI), Scientific Society under the Ministry of Communications and Information Technology
194. Centre for Materials for Electronics Technology (C-MET), Scientific Society under the Ministry of Communications and Information Technology
195. Department of Electronics Accredited Computer Courses Society (DOEACC), Autonomous Scientific Society, under the Ministry of Communications and Information Technology
196. Centre for Development of Advanced Computing (C-DAC), Registered Society under the Ministry of Communications and Information Technology
197. Society for Applied Microwave Electronics Engineering & Research (SAMEER), Autonomous Scientific Society under the Ministry of Communications and Information Technology
198. National Council of Science Museums (NCSM), Autonomous Body under the Ministry of Culture
199. Lalit Kala Akademi, Autonomous body under the Ministry of Culture
200. Salar Jung Museum, Statutory Body under the Museum Act, under the Ministry of Culture
201. Steel Authority of India (SAIL), Company registered under Companies Act, 1959 under the Ministry of Steel
202. State Council of Educational Research & Training, Autonomous Organisation under the Govt. of National Capital Territory, Delhi
203. Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER) Puducherry, Autonomous Body/organisation under the Ministry of Health and Family Welfare
204. India Trade Promotion Organisation (ITPO), Registered under the Companies Act, 1956 (1 of 1956).

J SRINIVASAN (Querist) 05 December 2012
dear sudhi kumar sir
thanks for the elaborate advice and i will act as per your guidlines. and update the status on improvement . once again thanking you sir

Raj Kumar Makkad (Expert) 05 December 2012
Thanks sudhir Kumar for submission of this list of departments/organizations which comes under the purview of CAT Act.

J SRINIVASAN (Querist) 17 January 2013
Dear Sir /s
Glad to be back to expert forum in 2013 . During the last one month the following things have happened in respect of my case.
1. NTPC has called me for departmental enquiry on 5/12/2012. Since, I was at chennai for medical check up I could not able to attend the same . I have sent a request letter to postpone the enquiry . But without considering my request letter, NTPC has conducted the inquiry , and the second departmental inquiry was fixed on 17th december 2012. In that letter asking me to attend, they have also mentioned , if I am not attending 17th inquiry , they will proceed with ex-partie decision. I have attended the departmental inquiry on 17th dec.2012. During the inquiry, I have given a request letter to IO, requesting him to instruct the concerned ntpc officials for releasing my subsistence allowance w.e.f 01.06.2011 onwards. Secondly I have requested to pay me the TA/DA for attending the inquiry which is being held at Delhi. Presently I am in MP. thirdly, i hav requested for all relevant documents/data in respect of the charge sheet supplied to me , so that I can well make my defense for put up. BUT, the IO VERBALLY refused to my request of subsistence allowance and TA/DA and instead asked me to approach the HR department for the same . I have already requested HR department from October 2012 onwards , but no reply from them. Similarly the documents/data which I have requested also VERBALLY refused by the IO. He has refused to give me any written reply to my requests. Forcingly fixed the 3rd inquiry on 17th and 18th january. I have signed the order sheet, (of course, the IO has endorsed the receipt of my request letter in the order sheet) and told the IO that If i am not being paid subsistence allowance and TA DA , I may not be able to attend next hearing. The IO also promised me that he will instruct the HR department to release my TA DA , if I submit request. I have submitted my request for TA DA to HR department and also a remainder letter for release of subsistence allowance. TILL DATE NO REPLY FROM HR OR IO regarding this . Similarly, I have requested the IO to provide me reply to my requeste letter. Once again, I have sent my requests . ALL my requests are sent through registered post with ack due. to day is 16thn january and TILL TODAY no reply from NTPC IO or HR. The HR dgm spoken with me on mobile few days back , and told me that they have received my request for release of TA DA and will release in a day or two. Only cell talk , no written committment . But, NO REPLY / ACTION TILL DATE. I HAVE written to the IO that, WITHOUT BEING PAID THE SUBSISTENCE ALLOWANCE, I may not be able to attend any further inquiry.

Kindly advise, whether my action in this regard is correct or not , and further , CAN I approach High court (jabalpur) for release of my subsistence allowance and to squash the improper (bias) inquiry being carried out by NTPC. I have not being paid single paise since my suspension i.e. since 01.06.2011, further , IO is denying the request for TA DA and proving me the relevant documents / data. This is a bias inquiry . Kindly advice me sir / s.

J SRINIVASAN (Querist) 17 January 2013
dear sir /s

I would like to get information regarding the experts interested / doing service as Defense assistants in departmental inquiry . I am thinking of appoint/taking his help on paid basis. If any information can be provided to me , please share with me the persons details who are expertised in service rule matters.
thanking you sir
srinivasan j
7697968665

Guest (Expert) 17 January 2013
You can count on me, if your departmental inquiry case is at Delhi.
My mobile No: 09968076381
Email: dcgroup1962@gmail.com

J SRINIVASAN (Querist) 17 January 2013
thank you dhingra sir, please also advise to my query posted here. Can I seek the help of High court for release of my sub.allowance and get a stay against the bias inquiry

Raj Kumar Makkad (Expert) 17 January 2013
You are very well entitled to claim your subsistence allowance along-with TA & DA for attending the departmental enquiry at Delhi and for this purpose, you may even go to High Court, You may contact Ld. Bhatia g for your case but I doubt whether EO shall allow you a lawyer to take up your case during departmental enquiry.

J SRINIVASAN (Querist) 17 January 2013
thank You raj Kumar sir. Actually I do not want to hire a lawyer as defense assistant, I know as per NTPC CDA rules lawyers are not allowed to act as DA. I need a person excpertised in departmental rules.

Raj Kumar Makkad (Expert) 17 January 2013
You can chose either of the experts from this site as per your long long discussions or on any other criteria as you wish.

J SRINIVASAN (Querist) 17 January 2013
thank U very much raj kumar sir..

Sudhir Kumar, Advocate (Expert) 17 January 2013
can send me PM if in difficulty in finding DA

Raj Kumar Makkad (Expert) 17 January 2013
Most welcome Srinivasan.

J SRINIVASAN (Querist) 17 January 2013
surely i will send PM , in case of deficulty in getting DA Sudir kumar sir, thanx to U

Guest (Expert) 17 January 2013
Definitely you can approach the HC for release of your subsistance allowance.

J SRINIVASAN (Querist) 18 January 2013
thank U very much Dhingra sir..

Guest (Expert) 18 January 2013
You are welcome.

V R SHROFF (Expert) 18 January 2013
I may guide if put in 10 lines..

Raj Kumar Makkad (Expert) 18 January 2013
*Shroff! Have you magic to guide the querist in just 10 lines and what about this discussion which is lasting since last 30 days continuesly?

J SRINIVASAN (Querist) 18 January 2013
me too wondering with the reply of shri shroff sir..

prabhakar singh (Expert) 18 January 2013
"I may guide if put in 10 lines.."HE SAYS THAT MEANS FACTS PUT BY YOU ARE SO LENGTHY THAT HE CAN NOT AFFORD TO READ THEM AND HAD THEY BEEN IN TEN LINES HE COULD HAVE GUIDED YOU.

J SRINIVASAN (Querist) 13 February 2013
updates of my position and advice please :

1. Inspite of several remainders to the inquiring authority through registered post with ack due, requesting him to instruct the ntpc officials to release my subsistence allowance w.e.f 25th june 2011, till date My allowances are not released. I hav also writte3n my inability to attend the departmental inquiry without getting my allowances.
2. Similarly, the inquiring authority has not provided the data/documents which i needed with reference to the charge sheet supplied to me for presenting my defense till date.
please advice my next course of action. my council is advising me to move the issue to challenge the inquiry in jabalpur high court and for release of allowances. it is nearly 2 years passed since my suspension, i hav not received any allowances. please advice

Guest (Expert) 13 February 2013
Mr. Srinivsan,

I feel, you are just trying to hit in the dark without going through the prescribed procedure for departmental inquiry with the NTPC. I further feel that you are trying to make a wrong mix-up & blend of your court case with the departmental inquiry case, while both are quite distinctive.

In fact, you have tried to tap the wrong source by asking the Inquiring Authority to get your subsistence allowance released for you. For your information, an Inquiring Authority does not have any power to direct or even request the Disciplinary Authority to release the subsistence allowance of the suspected public servant (SPS). His duty is merely to restrict his activity in holding of inquiry on the points of issue raised in the articles of charge of the Charge Sheet.

For data/ documents also, the Inquiring Authority is merely a conduit for supply of the desired documents to the SPS by the Disciplinary Authority or the custodians of the data/ documents. You were required to mention the particulars of the custodians as well as the relevance of the said data/ documents, if that is requisitioned in addition to the listed documents. The Inquiring Authority can supply only that much data/ documents, which on requisition are provided to him by the custodians.

For departmental inquiry, you need to engage a separate defence assistant, who may be well versed with the rules & regulations of departmental inquiry. You may get frustration only if you challenge the inquiry in the HC at this premature stage, as you may merely waste your own time and money by doing so. You can only get a small relief from the HC to the extent of direction to the Disciplinary Authority/Inquiring Authority to expedite the inquiry proceedings within certain specific period.

Rest depends upon yours as well as your counsels wisdom. I can only wish you the best, as I feel you have already got your inquiry process complicated on account of your ignorance.

J SRINIVASAN (Querist) 13 February 2013
thank U dhingra sir. i aqm not linking my court case and department inquiry here. secondly, i hv not only asking the io to direct management to release my allowances. i hav send letter to the competent authority who has suspended me and also who is responsible for my matter. similarly, i hav requested the data/documents along with the relevancy of that and also stated the reason why i need that . i feel the inquiry being conducted on bias basis, since,no response to my requests from ntpc. that is why i am seeking opinion here. moving to high court is not to squash the inquiry only to get my susbistence allowance . regarding non supply of data , i can once again explain them in person my needs. my priority and the needy one is my susbistence allowance . please advice

Guest (Expert) 13 February 2013
If you read my post of 26 days back, I clearly mentioned, "Definitely you can approach the HC for release of your subsistance allowance" for getting direction to release your subsistence allowance. Not even that, even earlier, TWO MONTHS BACK I clearly mentioned that "You can approach court for release of subsistence allowance."

But, you in last query you stated that your "council is advising me to move the issue to challenge the inquiry."

That clearly means, you are still in a state of fix what to do or what no for the last more than two months and instead of taking some constructive action you are still making queries as if you are in a confused state of mind inspite of that you have taken a lot of advice from several members of the LCI.

I won't like to add anything more on any of your post hereafter. Sorry for that.

Anyway, best of luck!

Sudhir Kumar, Advocate (Expert) 27 September 2013
You have been query in multiple threads almost repeating the same thing.

http://www.lawyersclubindia.com/experts/Queries-may-please-be-replied--356346.asp#.UkMMQH_Qzmk

http://www.lawyersclubindia.com/experts/juristiction-clarification-357856.asp#.UkMMPH_Qzmk

http://www.lawyersclubindia.com/experts/Service-Law-rules-425156.asp

http://www.lawyersclubindia.com/experts/suspension-letter-appended-conditions-387071.asp#.UkMMM3_Qzmk

http://www.lawyersclubindia.com/experts/Challenging-the-Charge-Sheet--358001.asp#.UkMMOX_Qzmk

You are spreading facts in all these multiple threads and you are only the looser despite the fact that you are in the tightest corner. You are confusing the experts.

PARDEEP KUMAR (Expert) 28 September 2013
Mr. Dhingra is correct, in given circumstances you can take legal recourse i.e. approach Hon'ble CAT if NTPC is amenable to its jurisdiction and if not then Hon'ble High Court concerned to claim subsistence allowance, also claim for interest thereon.

Remember, whatever, it may be, file your objections, raise your grievance etc., but if stay on proceedings is not obtained, do attend the disciplinary proceedings, non appearance would cause devastating problems at later stage.

Case and departmental enquiry

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