Scn issued - need help

Kindly show all the documents to a competent and experienced service lawyer/labor consultant.

You may submit carefully structured reply to show cause notice within stipulated time, and request to withdraw the notice in writing.

Thanks..

TA/DA matteres are not so simple to be understood like this.

@ Dhiren

Learned Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

Thanks for suggestion. Obviosly hard copies evidences are required to understand the matters.

But simply I need answers of following quries:-

1- What is the limitation period for filling suit as SCN issued on 24th Apr 12

2- Whether employee can file suit while in service?

3- Or he have to resign from company to file the suit?

As employee dignity hampered around the organisation, he is now mentally shocked. So kindly suggest!!

Regards

Dhiren

You questions are replied as under :-

1- What is the limitation period for filling suit as SCN issued on 24th Apr 12

Ans : No civil suit can be filed at SCN stage cause of action has not yet arisen

2- Whether employee can file suit while in service?

Ans : who else do you think will file the suit

3- Or he have to resign from company to file the suit?

Ans : You are the first person saying so that one has to resign and then agitate service grievance in court.

As employee dignity hampered around the organisation, he is now mentally shocked. So kindly suggest!!

Ans : You have alredy been suggested that "TA/DA matteres are not so simple to be understood like this."

Your misconception are as under :-

1. No payment had done for excess DA claim as rectified travel sheet submitted.

                  For accusing a person of making a wrongful claim he need not have actually received the claim   mere attempt is enough to punish him

2. It was merely a clerical mistake while preparing TA DA sheet in excel as there was no intentional claim.

                 Who has signed the claim. You or computer? 

If it was a genuine mistake than you have bene given SCN so that you can explain the facts but you seem to be interested in spoiling the matter further by challanging the SCN.  

Thanks a lot for your technical suggestions............

It can be rightly said that mere attempt to claim excess amount in TA DA is sufficient to punish a person irrespective of payment received or not.

I am not at all interested in spoiling the matter by challenging the SCN.

My point is whatever wrongful claim is conecerned, it had done by employee unmindfully which now became harmful for his career. Revised travel bill resubmitted after instruction from acounts department. Still accounts department informed the same to higher authority to look into the matter.

During his service period of last 3 years he worked as per higher authority instructions in rightfull manner.

As it was only a matter of Rs. 125 which was till unclaimed without any financial loss to company, so from humanity grounds SCN should not issued.

Now the employee fully harassed . Please consider my points positively sir............

I believe you are Govt emplopyee

Accounts department is not the sole authroity for punishing you.  Higher authorities have all the jurisdiction to see if it was innosenct error.  You accoridnlgy reply the SCN

Thanks..sir

Reply within stipulated time,explain the matter, highlight the corrected claim has been reimbursed, and request to withdraw the SCN in writing.