I am working as group B junior telecom officer in BSNL .one year back (august 2011) the SDE who happens to be my reporting officer withheld my monthly salary by showing me absent without intimation in the monthly absentee statement demanded by account section. As per my job profile there are no fixed duty hours and i am expected to work as and when situation warrants .In my case there is no system of signing attendance register .from last ten years I have never signed any attendance register and was drawing my salary regularly without any break. I have sufficient evidence of my presence and total work done during that month. In spite of representing my case to my higher officers they refused to intervene and I was forced to give 4 days’ EL by my controlling officer to release my salary. As per service conditions and officers hierarchy given by BSNL my disciplinary authority is deputy general manager. In my view the SDE who happens to be only higher order group B officer do not have any powers to withheld my salary without following due procedure such as calling for an explanation or memo and then duly reporting the matter to my disciplinary authority for further action after my disciplinary authority approves for such an action. The funniest part of the absentee statement demanded by account section is that the SDE is showing me absent without intimation but is showing himself present without countersignature by his controlling officer. I am planning to take legal action against the SDE for unnecessary harassing me to settle his personal grudge with me.
Do I have a solid case against the SDE and will it be admitted because of delay (almost more than one year).all the legal experts in administrative/service laws and members of lawyers club India are requested to shed more light and give their valuable suggestions and advice.
