I am selected as JE in railway under GDCE quota vacancy and after completion of training 22-10-2020 join on regular post. Whereas promotional quota JE selected on 28-08-2020 and given higher responsibility from 28-8-2020 then sent them for 3 month promotional training. My seniority is assigned...
Service Law Matters
Our advice on: Civil Law Cases & Service Law Matters
Can the government equate the two posts?
Question: I’m working as an inspector in the food department. My post is inferior to the post of inspector in the supply department. Can the state government equate the two posts because there is a discrepancy between the salary and status. After ten years of service the one post becomes gazetted...
Withholding salary by employer when I am on sick leave
Question: I want to know if withholding salary by employer when I am on sick leave is legal? Employer holding my salary without any prior notice when I am availing my sick leaves. He is sending contradictory emails to me and forcing me to submit office inventory. Can I file a harassment case...
Company is not issuing no objection certificate
Question: I was working for a Pvt mining company in Rajasthan as a mining engineer. Company is not issuing a no objection certificate (NOC). Instead, the company has issued only an experience certificate. I had submitted my resignation as I was unhappy with the company and their working methods. I...
Refused leave on pending departmental inquiry
When the probability of conviction in departmental inquiry is bleak or the allegations made in charge sheet are bald then the concerned authority should not refuse your leave application. The applicant should approach the Central Administrative Tribunal for quashing of the order of refusal of leave application.
Termination without notice
When the agreement explicitly enumerates that performance of notice period is mandatory before termination of service then the employer cannot fire the employee without notice. In this situation the employee should send a legal notice to the employer for revocation of termination order.
Charge sheet without preliminary inquiry and show cause notice is illegal
The disciplinary authority cannot issue a charge sheet without conducting a preliminary inquiry and giving a show cause notice to the delinquent officer. The charge sheet issued in violation of aforesaid mandatory conditions the said charge sheet is void and the delinquent officer should challenge the charge sheet before the appropriate forum.
Can bank terminate my service on leave without permission
Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to Feb. and from may to Jul. I...
Whether sanction is necessary for retired employee
Whether sanction is necessary for retired employee? A loan was sanctioned in August 2012. CBI admitted the case, employee retired in 31st march 2013. The bank filed complaint with CBI without charging sanctioning authority in 1.6 2017. CBI filed case on 30.07.2019 without taking approval from...
Leave for educational purpose
I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a right? Can I move legally if...
University is refusing to reinstate me after acquittal in the criminal case
University is refusing to reinstate after acquittal. I was working as a clerk in the university. The University has initiated a departmental proceeding against me and filed a criminal case under the Prevention of Corruption Act. University has made an allegation that I take a bribe for submission...
Celebration video got viral in social media amid lockdown
I'm a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently,...
The employer can convert unauthorised absence in the leave without pay
An employee of the public sector bank remains absent from work for 18 to 20 days in a month. He is attending the office only for 10 to 12 days in a month due to spinal problem. The employer can convert unauthorised absence in the leave without pay. When the employee took leave on a particular day...