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AJAY KUMAR   18 June 2016

Suspension and penalty order

Sir

I am working in FCI as AGIII(T). I was placed under suspension by the disciplinary authority only on basis of a false representation submitted by the controlling officer,who have discarded my leave application to show me as absconded from duty and he was also not present at office (confirmed from his official mobile details) during the inspection of disciplinary authority on 04.06.2015. No opportunity was given to me for joining my services, if i was considered as abconded. Absconding from duties is never visible as per my history sheet in FCI.

The suspension order issued on 04.06.2015 was neither self contained speaking nor reasoned as per CVC and FCI guidelines. Hence I have requested the disciplinary authorirty to provide me the grounds on which I was placed under suspension, but nothing was provided from him. So I have collected all documents from his office by using RTI.

Based upon the documents recceived I have submitted a represenation to GM,FCI,PB on 15.07.2015 requesting immediate investigation of matter to give me relief, but the representation was sent to the accused disciplinary authority in the name of comments/clarification. Subsequent represntations were also sent to higher offices of FCI seeking for  investigation of the matter as the suspension was malafidely done by the disciplinary authority.

I have also requested for revoation of suspension on 04.09.2015 after lapse of 90 days of suspension on 01.09.2015 as per Hon'ble Supreme court's order,FCI and CVC guidelines, but neither any investigatory committee has visited to me nor the suspension was revoked till 15.01.2016.

I have also requested to increase the subsitence allownace upto 75% on 07- 10-2015 due to delay in chargesheet and non-revocation of suspension, but the same was also avoided by the disciplinary authority.

Moreover chargesheet was also not served till 15.01.2016 i.e. date of revocation of suspension. whereas in reply of legal notice sent by my advocate, the office has mentioned that a chargesheet is served upon me as per FCI norms.

A chargesheet for suspension(U/R-60 i.e. minor), which was based upon post-generated documents and facts was served upon me on 22.02.2016.

Based upon written statement suubmitted by me on 06.04.2016, a penalty order of Rs.10000.00 is served upon me on 17.06.2016.

What are the available legal remedies to me.

 



Learning

 4 Replies

AJAY KUMAR   18 June 2016

nowhere it is mentioned that How the suspension period will be treated.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 June 2016

You have to inform to your superior about your service regularisation in suspension period for non interruption pention etc.

Sudhir Kumar, Advocate (Advocate)     19 June 2016

someone has to see all the relevant papers of the case and only then some cogent view can be formed

Kumar Doab (FIN)     19 June 2016

Agreed. 

All dcos on record should be examined, thoroughly.


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