retaining service book without any answer
KRISHNASAMY.V
(Querist) 12 November 2009
This query is : Resolved
respected sir, i am a chemistry professor working in the GOVT. Madras Medical College, Chennai.
i was in-charge of departmental library in a college and transferred to another college. during that period some books were found missing. for that i have been asked to pay the the cost of the books [ one lakh ] and double that cost as penalty [ two lakhs]. i told them that it is not fare as i was only in-charge and i did not took the books but i was someway responsible for the books missed . so i need not pay the penalty amount as charged from the students who actually takes books. still they did not accept my request.
in the meanwhile i sent my service book to that college for some entries in march 2009. my retirement was june 2009. still now they did not send my SR saying that only if i pay the amount including penalty, SR will be sent. so my pension was not fixed and i am unable to get the pension benefits of nearly 25 lakhs. even i am unable to get my salary from july 2009.
my question is " if a principal of the govt. college has the RIGHT to retain the SR of a professor who is going to retire, for not paying some amount to the govt. , when govt is in a position to pay the professor a huge amount which is so many times great to that amount ?
according to tamlnadu govt pension rules
"if a pensioner is found guilty of negligence causing pecuniary loss to the govt . during the period of service , the govt has power to order recovery from pension ,whole or part of such loss Rule 9(b). it should not exceed one third of the pension.[ Rule 9(5) G.O. 784 Fin.16.10.1971 . G.O. 702 FIN. 7.10.1988)LETTER 13755/92 - FIN. 20.02.1992
Kiran Kumar
(Expert) 12 November 2009
dear Sir,
they can not retain your Service Book illegally.
if few books were found missing a proper enquiry should have been condutced into the matter.
you have every right to be heard on the issue, as far as the rule you have mentioned is applicable only in a circumstance if you are found guilty.
the authorities can not flout the principles of natural justice....a proper enquiry should have been conducted for which a notice should have been given to you and a proper opportunity should have been given to you for submitting your stand.
contact some local lawyer immediately preferably from High Court and send a legal notice to the authorities....if no positive response comes out then your lawyer will take care of legal action to be taken....i ll strongly advice you to take help of some lawyer and show him all your documents also.
Raj Kumar Makkad
(Expert) 12 November 2009
Definitely a person incharge of a particular work is responsible towards that work and even if books had not been returned by students, you must have got issued notices to them and their roll numbers must have been withheld on this ground. You kept mum during your tenure of service in that college so you shall have to bear the losses occurred to that college as per Rule 9 (5) as cited by you. better personally go to that college and make compromise by paying some amount and get completed your service book so that you may get all retiral benefits as soon as possible.
Murali Krishna
(Expert) 12 November 2009
Kiran Kumar rightly advised you. I am unable to concur with Raj Kumar Makkad simply because without any inquiry (at least preliminary inquiry)fastening liability on you is not correct. Rule 9(5) does not apply unless it is proved that the loss is due to negligence/inaction and also entrustment for looking after said library.
niranjan
(Expert) 12 November 2009
I also agree with Kiran. Discipline andconduct rules are there. Any major penality like this,must preceed with fulfledged DE and against adverse decision you have right to appeal.So the action of the authority is surely illegal.If govt.loss incurred by you is proved, the govt. can recover it from your gratuity.You should serve legal notice to fix your pension or you may take legal action for fixing and releasing your pension, and gratuity..
KRISHNASAMY.V
(Querist) 12 November 2009
SIR,
EVEN IF I WERE FOUND GUILTY , THE COST CAN BE DEDUCTED FROM MY RETIRED BENEFITS
AS PER THE RULE. MY QUESTION IS
" WHETHER HE HAS THE LEGAL RIGHT TO KEEP MY SR WITH HIM ,WHICH IS ESSENTIAL FOR MY PENSION AND OTHER BENEFITS.I THINK IT SEEMS TO BE AN ACTION OF A PAWN BROKER WHO KEEPS SOMETHING FOR HIS MONEY."
Binod Kumar Mishra
(Expert) 13 November 2009
Kiran sir has rightly advised you. Your employer is bound to initiate disciplinary proceedings against employee for any miscounduct (administrative or financial).
he has no right to retain your service book and it is also sure that by virtue that your PF Account has more amount than what they have asked for. accoding to your saying it proves somewhere or other that you know about the mischief. please don't at any point of time admit that your employer will deduct the amount from PF account because it will prove that you are in hands to gloves in that matter.
please sent a legal notice to the authority concerns for returning of your service record.
anything returnable on your part will arise on a occasion when you will be found guilty. if they initiate inquiry you must asked for a adhoc disciplinary authority as your head of authority has prior knowledge and involvement in your case.
