Complaint against officer illlegaly issueing chargesheet

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the instances mentioned by you are clear misconducts warrantinhg chargesheet.  You have not staed how chargehseet is whimsical.

by the way whether class.II officer is discipl;inary authroity.

Sir,

 I clearly understand that under ordinary circumstances these are misconducts warranting chargesheet. But the problem in our office is that there are a few seniors who do not do work at all since they have completed 30 years of service. they simply throw there part of work to juniors. As a junior I overwork now i have my assigned quota of daily work which i need to complete. Apart from that if somebody is absent then their work has to be shared among us. Now After completing our daily quota of work it becomes very exhausting to do more work. Not that these work is very urgent or required immediately. So if i say no just to show his authority  and scare me a complaint is put of and i am issued a chargesheet for refusal of work. He turns a blind i that a few seniors do not do any work at all. Now absconding from duty is a misnomer. In a govt. office it is wellknown that nobody follows proper duty timing. Seniors comes and leaves at anytime. Oneday after completing my work as i left a little bit early i was chargesheeted for absconding from duty. Now on that day i have completed my full work. The proper procedure should be to sacrifice half days CL. Instaed of that i was issued a chargesheet. What  i have done is also done by others. But they are never chargesheeted. What shall i do legaly to sue our deputy ? The chargesheet is whimsical because a few seniors also deserves chargesheet in the matter but they are protected. Yes my deputy is disciplinary authority for me.

“are a few seniors who do not do work at all since they have completed 30 years of service”

Ans : Have you served for 30 years?

“Apart from that if somebody is absent then their work has to be shared among us.”

Ans : What is so special about this in Govt. Every Govt organization is always understaffed.

“So if i say no just to show his authority  and scare me a complaint is put of and i am issued a chargesheet for refusal of work.”

Ans Seek inquiry under rule 16(4) if it is minor penalty if it is major penalty then inquiry will be there and take help of Defence Asstt of your choice and defend the allegations by bringing such evidence.

“In a govt. office it is wellknown that nobody follows proper duty timing.”

Ans : Don’nt you think it is bad practice and needs to be curbed with heavy hand.

“Seniors comes and leaves at anytime.”

Ans : Don’t you think that you should look for their good habits to copy.

“the proper procedure should be to sacrifice half days CL. Instaed of that i was issued a chargesheet.”

Ans : Why? You do not have any right to loose (which you call “sacrifice”) ½ day CL simply because you absented on wish.  Chargesheet is justified.

“What  i have done is also done by others. But they are never chargesheeted.”

Ans : Your tone and tenor of query is clear that you are (-)ve and discourteous and quick in making anymies which your serniors are yet to learn from you.

“What shall i do legaly to sue our deputy ?”

Ans : Spend a big bunch of currency and go to CAT. You do so every time you are given a memo. Spend entire salary on this. Or get yourself disciplined.

Most of the Govt servants do not know what achargehseet is and it is likely that you have received something other than chargesheet (i.e. explanation call etc)

Sir,

 You are very much right. But I have not been issued warning letters. I have been issued minor penalty chargesheet. I want to ask you under Railway discipline & appeal rules what sub rule is essential for a minor penalty ?

Sir,

  My case is of Minor Penalty. What is the sub rule under Railway Discipline & Appeal Rules in which I can seek an enquiry in minor penalty

read Railway Discipline & Appeal Rules. There will be paralellof rule 16(4) of CCS(CC&A) Ruiles  if CCS(CC&A) Rule do not apply to you. 

Minor penalty proceedings indicate that the authorities are more interested in giving you a chance to reform you as you appear to be correctable.  They could have started Major PP if intending to get rid of you.

I would like to go into the details of refusal of work. Normal routine work has been completed by me. It is the additional work which has been refused. Dont you think it is unfair to put any additinal work without any incentive ? Apart from that to do a work class IV staff has to be provided. I have also not been provided with a class IV staff.

you know that "it is the additional work which has been refused"

SO YOU HAVE REFUSED.

You have admitted you were warned.  Perhaps you have left authroities with no other choice. An organisation like railways cannot afford to tolerate such attitude.

any amount or any type of additional work, for any no of hours, can be given to govt servant even without any additional remuneration or incentive.

Better read FR-11

after 6th pay commission no govt employee is class-IV.