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I lodged a whistleblower complain in Central Vigilance Commission (CVC) portal regarding crores and crores rupees of bank loan frauds committed by my Boss in April 2016. CVC accepted my complaint and forwarded my complaint to CVO of my PSU Bank for investigation. In the mean time the prime accused of my complaint, being General Manager (HR) of PSU Bank, illegally accessed the copy of my complaint letter from Vigilance Department and filed a false FIR complaint, by making use of his direct departmental subordinate officer, at Lalbazar Cyber Crime Police station against my personal email id u/s 66 of Information Technology Act to illegally trace out the identity of whistleblower in CVC portal and punish whistleblower in charge of filing false complaint and tarnish the image of Bank Officer's in front of GOI authorities. After tracing out my identity from Cyber Police, the same General Manager (HR) of Bank, immediately suspended me from service of PSU Bank by his own signature and authority in charge of making false complaint at CVC portal against Bank Officer's and tarnish the image of Bank on 30/07/2016. I was issued charge sheet after 6 months without any show cause notice. He conducted my departmental enquiry by making use of his direct departmental subordinate officer's in my Enquiry Committee as Enquiry Officer & Presenting Officer and by conducting biased enquiry in my absence without my signature, the same General Manager (HR) was able to unlawfully dismissed me from service on 30/12/2017. Even the dismissal order was also drafted by the same General Manager (HR) in his table in Kolkata and send it to my Disciplinary Authority posted in Cachar, Assam for signature and issuance. I appealed against my Dismissal Order, but received no response from my Bank for more than 6 months. I then filed writ petition in Calcutta High Court fo dispose of my appeal. After Honourable Justice of Calcutta High Court ordered to dispose of my appeal Petition, Bank responded keeping intact the same punishment order of Disciplinary Authority. I received reply of my Appeal on September, 2018. After receiving the order of Appellate Authority, I thought to file writ petition in Calcutta High Court against my unlawful dismissal order. I complained Central Vigilance Commission (CVC) regarding this matter in totallity for which Chief Vigilance Officer (CVO) informed me that after I complained to CVC, CVO of my Bank examined the case and found 28 officer's including the same General Manager (HR) found guilty and CVO has taken action against them. In the mean time, I came to know from Honourable Bankshal (CMM) Court that Lalbazar Cyber Crime Police Station has filed chargesheet u/s 66 and u/s 43 of Information Technology Act against me and for that I have to face trial of lower court. I took bail immediately and my trial is on as on date. In this situation, I want to know that "Can I file writ petition in Calcutta High Court by challenging the punishment order imposed on me by my Bank in my Dismissal Order along with praying Calcutta High Court for quashing of FIR including false chargesheet of Lalbazar Police Station after 2 years?" or I have to wait until my trial gets completed in lower court. If filing of writ petition in Calcutta High Court is possible in this case at this moment as per law, then kindly contact me with your contact and chamber address.

A. Dear Sir, Yes, you can. Sooner it is done it is better for you. You can share your complete story for right advice through vidhikarya.com Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir,my wife is working in noida metro rail corporation limited.Her reporting officer has put her in evening shift(2pm to 10pm).And they are not providing cab to residence I want to know about the indian labour law(factory act) regarding what should be the working timing of women in a company. I have read on internet that no women should be given duty after 7pm and 6am .under special cicumstances(what are those circumstances,plz share) they can be allowed upto 10 pm but they should be given cab with gps in it, with a guard in it and women employee should not be the first and last to be picked up or dropped. Please give details of the law regarding this. is there any law regarding cab facility or just guidlines by police or court? Her company still do not have any working women where she can tell her problems. please tell me ,where should my wife should go or contact regarding her timing issue as u know it is not safe for her to travel by herself to home after 10pm. Please share all information regarding this issue. and what should we do.Thank you

A. Dear Sir, Just read service rules and circulars issued by the said Metro Company then make representation if not acted positively by the Management then approach Service Tribunal or High Court. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Sir if any employee left a BPO 5 months back due to health reason with the notify by email to his manager. At the time of joining he signed a bond of 1 Year but after 10 month he faced seviour health issues, before that he requested for shift Chang on the basis of health issues but organization did not do that. After left the organization company called to the employee and took the interview for re-joining, but he did not re-joining the organization. Now company filed a case on the employee as absconding employee in his nearest meditation DC center and calling to his family members as well. What should he do. Please advise as soon as possible.

A. Dear Sir, Take the following steps. Step 1. Attend the Case. Make yourself available on the date and say that you have not absconded. Step 2. Engage a good Advocate to defend your Case.Be sure that no body can compel you to work for that BPO Company. Step 3. Even if join in any circumstances do not sign any Contract. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Dear Sir I served one of the company in Mumbai for 20 years. Due to Company poor financial condition i resigned and decided to join other company. Company have not paidm last 3 months salary . My notice period was 3 months and i requested to release me in one month as they are not in condition to pay my salary. Also 120 days paid leave remaining which was accumulated forn long stay in company which can be adjusted in notice period. But in last day company refused to give relieving letter and settle my account. My gratuity , superannuation and pf is with compnay plus my 3 months salary. Kindly advice what is to be done.

A. First u should approach to the labour commissioner office and made complaint against them immediately. Otherwise send legal notice through lawyer
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Anonymous

Posted 2 weeks ago

If in graduation marksheet subject name misspelled chemestry.can I face problem in govt job

A. It depend on the Govt., Dept.,because some Educational Dept., insist for correction before joining you in service,better to take up the issue with the University for correction in original records & inform you accordingly .
Ambrose Leo Exp: 9 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata

Anonymous

Posted 2 weeks ago

If in graduation marksheet subject names written as… Enviromental sicence, pratical, chemestry, cricuit analysis, orgnic chemistry…in govt job will be problem according spelling mistakes in every these words?

A. Dear Student, Please get in touch either with your college or University who will do the job for you free of cost.Wrong spelling of subjects name do not give a good image of your college .Correct it as soon as possible. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore

Anonymous

Posted 2 weeks ago

suspension 10 month on chargesheet

A. You have not provided required information for detailed advice.Under the Act the Employer have to complete within 6 months,but in practice it is not so,better to contact a professional Labour & Employment and service Matter lawyer from the panel to take on all aspects of the issue quickly under the act and protect your employment interests.
Ambrose Leo Exp: 9 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
If someone Resigns within 1 month and quits jobs on same day then it will has some consequences from legal point of view?? even handover/kept all official assets on manager desk that too in CCTV Footage and even not taken salary and dont want to take salary then what will happen

A. Dear Client, Job satisfaction and loving to do what you like gets out the best from a person. where as if the new job offers you, more ways of exploring yourself, taking out the best of you. go for it It's never too late for a change. After balancing everything the pay scale, the timings, the creativity and most important your interest choose the right thing! Everything depends on your agreement what you have signed before getting in to a job. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Hi Sir, I was working for a company for 5 years. Client withdrawn the work, so company had given notice for 2 months verbally, and asked us to leave. Company is paying Severance to level 1,2,and 3 employee, however not ready to pay severance to level 4 and above, as saying this is company policy to not to pay at higher level. Need to understand, can company give verbal notice instead of written to leave the company, where there is no resignation given by employee? Can a company discriminate among the employee based on their level in the organization, while both the level employee losing the job? Please guide me.

A. You have a Complex issue , you can take up the issue with the company under the Act quckly, through an Expert Lawyer from this panel to protect your employment interest
Ambrose Leo Exp: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Ambrose Leo Experience: 9 Year(s) Bangalore
I worked as an pg assistant teacher in chemistry in a government school from 20th August 2018 till 02.11.18,after that I tendered my resignation. In my resignation letter I have mentioned that I am resigning under compelling circumstances. My letter has reached my appointing authority through proper channel. He has accepted my resignation, without consulting me by either verbal or written mode. Nor did he called me to meet him and I was not given any time period for withdrawing my resignation. Now I have mentioned that I was forced to resign due to pressure from higher authority (compelling circumstances), not that I have given it as my self individual decision(on personal grounds, or got a new job). So what legal action can I take against my appointing authority for accepting my resignation, without consulting me. I would like to mention 2 colleagues of mine also resigned within 1 month period of time, after my resignation. One of them gave the same reason of mine during resignation. So can my resignation be accepted without hearing my opinion, without investigating the reasons for resigning under pressure, and without providing any time period to me for withdrawing my resignation. I would like to mention that the school got affiliation from the hs council for opening science section, using my name, during my service period. So they used my name and designation for their need and later when I left it was accepted. Can I go to court demanding that 3 months of my career was destroyed by the government and the government should pay damages for destroying 3months of my career.

A. Once you resigned in writing it is for management/appointing authority to take action as per the standard procedure,in Govt.there is no procedure to record the reason for resignation unlike in private/MNI to interview all the resigned persons.You have no action vest against the management,however you can keep the Govt., informed of your reasons for resignation & parting.
Ambrose Leo Exp: 9 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

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