corrupt enjpy honest denied right to life

The facts brought out in your posts are disturbing, and one shall shiver with fear to note that, that those who are entrusted with authority and with whom power is vested to defend the innocent and punish the offender, they instead unite to torture the fellow countrymen, and employee at a lower rank, and make everybody else feel that they are countrymen with lesser rights. This amounts to torture.

e.g. Officials of your company asking you to stop using RTI or face consequences. They have lived to their words, evident from the facts brought out by you.

A doctor is under oath (hypocrite’s oath) and a lawyer like a doctor is also expected to be under oath so that no one is able to take undue advantage of lacunas and circumvent the process of law.

Company secretary, is asked to be unbiased.

PIO, CPIO, Appellate Authorities  are asked and expected to be unbiased and discharge their duties without any fear, coercion, and bring out the truth. The tier system in RTI system is ensuring transparency at all levels.

The scrutiny of the facts brought out in your posts shall reveal that various employees of your company NIACL, including PIO,CPIO...apparently  under instructions are resorting to one or the other lacuna, tactics etc.... and are giving their own interpretations. Their manner and style is recalciterant and adamant.

Incidentally Pushkar Upadhyay who is Manager Legal implying a legally trained mind with the knowledge of law, and also a CPIO carries the dual responsibility of bringing out the truth and instill the fear of law in the minds of offenders in company, whereas instead he is applying his knowledge of law and power of position to delay and deny the truthful information.

Ministry of labor CPIO has rightly pointed out provision under section 6(3) of the RTI act

You have rightly and rightfully asked to include the matter in proceedings of pending ID.

From your post and attached application and facts mentioned therein company seems to be on a weak foot.

From the appointment letter posted by you it appears:

-That there is no specific draft of the  appointment letter, was ever prepared and approved by  the concerned dept. and its personnel and HOD, further checked and approved by the authority above the concerned dept. and its personnel and HOD and finally by the CMD, for the post of Hindi Translator.

The employee in the company's office who has signed on your appointment letter had rather taken out a blank specimen format out of some file and filled in your name etc with pen (isn't it surprising) and with the pen/ball pen cut the post of Asstt(clerk)/Asstt(typist) at line 1 and line 3 and wrote with pen Hindi Translator at line 1 and did not write anything at line 3, and then filled in some blanks. Whole Para was cut by pen.

You can obtain the information thru RTI or internal/personal enquiry if company had ever prepared or finalized with approval the appointment letter for Hindi Translator. After all it is a company under the Govt. of India and not a Lala Ki Dukan in which any one can do anything and if the need be "angootha laga do or ho gaya."

Kindly tread carefully since as posted by you, company had never prepared and circulated rules and later when found itself trapped, brought forward same rules and amended these.

While the company maintains additional terms and conditions can overrule and override the terms and conditions in appointment letter, and any condition in appointment letter can be modified, the company is conveniently misleading the lawful authority since the transfer policy supplied by you is willfully and intentionally hidden by company from ALC.

You had posted that company has forfeited your gratuity, and made deductions from PF. Since you have not caused any loss to company then how can your gratuity is forfeited? You can protest before the statutory authority.

After the decision of Ramadoss the PF amounts should be given back to you with interest and damages since the forfeiture was wrong.

It is felt that the reply is appropriate. It seems that the company is preparing to oppress by inflicting another stigmatic order. The delivery of justice by the competent court of law is awaited.

It is felt that the decision in this case shall become a classic landmark judgment.

You seem to have submitted an aptly drafted representation and have included all points.

The facts posted by you are preturbing.

Since there has been no allegation of causing loss, why the gratuity was forfeited and a huge amount was debited from PF a/c?

Once the relief is granted to you and company decisions are declared bad in the eyes of law, you may think upon initiating criminal proceedings having scope of major penalty/imprisonment.

Kindly elaborate "Stay orders in respect of  transfer being vacated"

Courts may err but courts are dumb. Learned HC shall certainly look at the anomaly, and then it may prove fruitful for you.

It is your choice, however.

You should certainly focus on Industrial Disputes Act proceedings.

Best Wishes.

Checkmate each move of the offenders and offending company. They feel that they can hide behind the back of a lawyer.Looking into your prepartion it is felt that they can not. Keep posting the developments.

Labor courts also know the rules.Still they want to grant time and ooportunity?

You have posted :"He explored ways of reaching an out of court settlement of dispute."

Earlier the better for them that they realise that settlement is good for them.

"incharge of divisional office Ajmer accomapanied by  one of his subordinate officer, had been adamant,as usual"

Their adamancy shall be their funeral.

You may continue to contest with force. You have demanded costs and this is your right. Impress upon the court to grant costs.

You may agitate with full force and might that Punit Mehra should not be allowed to represent the company, and all offenders should be made to stand in the court, in person.

606940459_10.05.12 reply niacl to cgit hindiofficer.pdf

Point No.3: The NIACL has stated dismissal is just and justified.

While the Chairman has cancelled the order of termination. After date of order by Chairman how can a subordinate office/official continue to term the order as legal/justified?

Your services have been reinstated by Chairman then how and why a subordinate office/official continue to debar you from participation in any process meant for employees?

Kindly deliberate and obtain qualified opinion from your lawyer and agitate if deemed fit.

The HC has set condition of servicing the notice to you. Did you receive any notice? You should have appeared.

There is an unwarranted intruption.

With the grace of god you shall succeed.Approach your lawyer.

You have rightly and rightfully reminded this DGM {Personnel} for his duty and dereliction of duty. Evidently the coziness of chair and office has gone to the head.

The duty to pluck these offenders out of the coziness of the chair and office shall fall upon the courts of law in the end. Let us see how far it goes and how long justice is denied.

If at his position in personnel he can not act then he better not be there in the chair.

Your resolve is appreciable.