Govt.Dept.has refuce to give me incentive on pending498-aE
bhavesh kumar
(Querist) 10 April 2016
This query is : Resolved
Sir, FIR of 498-A has been register on 2012 on me, immediately I have taken Anticipatory Bail and intimated to Govt. Dept. The case is pending In court and "Charge is yet to be framed ". I have already intimated the dept. However, My department has stopped my incentive (bonus)on the basis that criminal case is pending against me what I should do? The matter is pending and charge is yet to be framed depat is doing injustice tome.
Rajendra K Goyal
(Expert) 10 April 2016
Whether any charge sheet issued to you?
From which year payment of Bonus is stopped?
Have they mentioned any reason in writing or otherwise?
Refer the service conditions of your department in this regard.
You can send an application to the department to release the payment of Bonus.
bhavesh kumar
(Querist) 10 April 2016
Sir, charge sheet is issued by police in 2013 directly in court they have not presented me before the court. Since the FIR in 2012, to 2015 I have got my bonus regularly. They have issued me memorandum about the status of the case and ask for submit the charge sheet in March -2016, In replay to that Memo my advocated has replied "charge is still yet to be framed and that as soon as charges are frame and upon received the charge sheet I will supply the charge sheet to dept". Dept. Has not given me in writing communication about the about stopping the bonus.
bhavesh kumar
(Querist) 10 April 2016
Sir, your advice is very help full to me pl. Give me solution urgent, I shall be ever help full to you
bhavesh kumar
(Querist) 10 April 2016
Sir, your advice is very help full to me pl. Give me solution urgent, I shall be ever thankful to you.
Devajyoti Barman
(Expert) 10 April 2016
FRAMING OF CHARGE OF SUCH NATURE IS NO GROUND TO WITHHELD INCENTIVE.
Challenge such actions by filing application in CAT or in High Court depending upon where the service rule prescribes for exploration of legal rights.
bhavesh kumar
(Querist) 10 April 2016
Thanks Barman Sir, I have inquired about withheld the incentive and in reply Dept.has state that there is an ORDER Memorandum by the Head Quarters where directions have been given that "any criminal cases pending against the Government servant on "moral turpitude" is become Ineligible to receive the incentive" please advice me on the same
bhavesh kumar
(Querist) 10 April 2016
Thanks Barman Sir, I have inquired about withheld the incentive and in reply Dept.has state that there is an ORDER Memorandum by the Head Quarters where directions have been given that "any criminal cases pending against the Government servant on "moral turpitude" is become Ineligible to receive the incentive" please advice me on the same
P. Venu
(Expert) 11 April 2016
There is no locus standi for the Department to interfere in the matter unless you are arrested or punished after the trial.
Adv. Yogen Kakade
(Expert) 11 April 2016
I agree with mr. venu.
But considering the nature of the case, your lawyer shall be the best person to guide you as he shall be knowing all the facts of the case.
Sudhir Kumar, Advocate
(Expert) 11 April 2016
as long as criminal case is pending then deptt has (even if you are not arrested and not suspended) lucus standi to withhold :-
(i) promotion
(ii) clearance of probation
(iii) resignation
(iv) deputation
(v) voluntary retirement
(vi) permission to visit abroad.
But unless you are suspended your pay and allowances cannot be withheld. the bonus as appears to be part of pay and allowances (correct me if I am wrong as you have not stated anything about how/why this bonus is given.)
Sudhir Kumar, Advocate
(Expert) 11 April 2016
your query is not clear if:-
(i) such OM really exists.
(ii)whether you got copy of said OM
(iii) whether reply of deptt is in writing or oral
(iv) whether you have represented in writing or not.
