If the work was too burdensome and you couldn't complete it in time and nobody could then they have issued an illegal memo if they want explanations then please reply pointwise.
They would either pass an ilegal order against you or absolve you.
Service related matter
I am working as a Finance & Accounts head with a PSU, who is engaged in purchase of agricultural commodity from farmers under Minimum support price operation and which comes under essential services, presently posted at Maharashtra. The company has a mandate to pay to farmers with in a period of 3-7 days from the date of purchase. Company purchased the commodity in PRE & POST Covid-19 for the welfare of Farmer. As we have limited permanent staff and therefore our corporate office provide us the temporary office clerks but not in the number as we required for smooth function of work so that the timeline of 3-7 days can meet. Purchase of agricultural commodity continue at a high volume at 45 location across Maharashtra and we are making online payment to farmers, but in some of the cases the payment get reversed and could not reach to beneficiary/farmer. Due to high volume of purchase and limited staff the deadline of 3-7 days fail. Now, our management issue me a memorandum (Major) that payment is delayed to farmers and frames some charges against me. but the fact is volume is very large and manpower were short against demanded from our management though we have work restlessly even in covid -19 we are attending office daily to clear the dues. What are remedies for above. Please suggest.
Asked 4 years ago in Civil Law
13 Answers
You can take the defense of good faith if it's done in good faith then they can't charge you
If you have bee served with a memo by the authorities concerned, it becomes your duty to give a reply within the stipulated time period.
You can prepare a proper reply denying their allegations either by yourself or through n advocate in the local.
You can vent out your grievances and the hardships you face to carry out the assignment with very less staff under your control. due to which the reported delay was caused.
You may not agitate over their decision, you can very well challenge the same a per law.
Please file your reply to management with an affidavit explaining the way you have displayed in the post justifying your action and the output after the execution of the programme of the Government as per their instructions.
You may also add to your reply citing minutes to minutes minutely from Morning to evening and late night hourly you have worked with the available work force provided by the management of PSU.
Hence in view of COVID-19 and work force available with you for the task, you gave your best course and ressult while discharging your responsibilities.
In case of any action Please initiate legal action by issuing statutory notice followed by MAT and the High Court proceedings against PSU and the officers who are bent upon you to shut you down from the services illegally.
1) take the defence that payment is being reversed as correct bank details not given by farmers
2) it is not your fault if payment is reversed
3) further due to lack of staff there is delay in making payment
4)Limited temporary staff are taking time in processing claims
Send them a reply mentioning the reasons you have mentioned here along with the proofs of demand of staff by you
Please reply the management in a cordial way without having adverse in the mind very coolly, as the payment has been delayed so focus in reply should be through COVID19 not solely but in a para and later how COVID 19 is responsible for this delay.
- Since, the said delayed was caused due to imposing lockdown i.e Covid -19 , and not malafidely by you , and also due to lack of officials , hence the issued memorandum by the management is against the rule ans law.
- Hence, you have a legal ground for the cause of delay , you should send a reply of the said memorandum after explaining the causes ,and thereby mention that even during the lockdown , you have served for the cause of farmer and has complied the assigned instruction .
Submit your reply and cite reason of delay payment, purchase in high volume, shortage of man power, reversal of payment for some reasons (cite some incidence) etc, daily time hours, human working capacity has limit etc.
Dear Sir,
You are suggested to strongly reply the said office memorandum disclosing all the facts and request to withdraw the said memorandum. If not done, by the department, you may file a case in the CAT or writ in the High Court.
Send reply to memorandum that you don't have enough staff to process the payments in time so kindly fulfil the demand of short staff so that we can work more efficiently for processing of payments farmer.
Send them a detailed reply to the charge sheet which they have issued to you. Going to the High Court assailing the charge sheet at the moment would be pre-mature.
In your reply, you must state all your defenses meticulously. State the issue of shortage of manpower/workforce being faced by you.
You can take support of lack of staff, volume of work load, corona problem and the lack of infrastructure.
Further, when the bank details of farmers are not correct, you cannot be held responsible for reversal.
It is not your fault for mistake done by the framer.
Based on above, you defend your case.