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RK yadav   25 August 2020

?Removal from service during lock down

During the lock down period, punishments like removal from services of a govt employee for not obeying the transfer order issued on repatriation basis even though not requested/necessary is legal.
can I (how to) file criminal case under epidemic deceases act/disaster management act. what are the legal process/punishments


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 6 Replies

G.L.N. Prasad (Retired employee.)     25 August 2020

The transfer is at the discretion of the employer and it is not the right of the employee.  Not obeying transfer amounts to the disobedience of reasonable orders of superior which may amount go serious misconduct.  The reasons stated in the order stating such termination are important and no sensible employer quotes such COVID19 reason and it may assumption of the employee and this reason maybe just a coincidence according to the employer.   Contact your Union or any advocate experienced in Labour acts for precise guidance depending on such facts.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 August 2020

I think, full details are not being given. You seem to be giving detail of  a culmination of a long drawn battle which it so happened that it ended during the Carona time. 

 

Contact the Office, the Officials concerned and find out reasons and settle the matter amicably. In this regard,  you may seek assistance of Union Leaders in the Office or Organisation.

G.L.N. Prasad (Retired employee.)     25 August 2020

The queriest is not coming with facts and only a charge sheet was given for disobeying transfer orders and his following version differs from another post

 During the lock down period, punishments like removal from services of a govt employee for not obeying the transfer order issued on repatriation basis even though not requested/necessary is legal.

Now for giving a transfer order by his employer and giving a charge sheet he (Govt. Employee) is seeking legal opinion in filing criminal cases against employer (Government)  taking the advantage of the pandemic and sought opinion as follows:

can I (how to) file criminal case under epidemic deceases act/disaster management act. what are the legal process/punishments   ?
 

P. Venu (Advocate)     25 August 2020

You have not posted materials, but have advanced extreme propositions. As such, no meaningful suggestion is possible.

Dr J C Vashista (Advocate)     26 August 2020

Incomplete facts can not lead to form proper opinion and oblige.

Sudhir Kumar, Advocate (Advocate)     26 August 2020

Rather no facts have been stated.              


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