My controlling officer passed an order, for which he had no jurisdiction to transfer transferring me without availability of office or post at transferred location. despite the post was singular and non transferable . This order was passed in connivance with superior officer during the period when post of HOD was vacant. The reason of transfer was victimization for the reason I am bonafide whistle blower who complained against controlling officer ( when he was not appointed as controlling officer in 2012/2013/2014. Ultimately CBI investigated and rerecorded his prosecution under Section 420,468 and 471. The union of India Directed my HOD to file an FIR against my controlling. the then HOD in connivance instead of filing FIR started destroying evidences. A pvt complaint was filed under section 200 Cr PC. cognizance of complaint was taken and Judicial inquiry commenced.on 30122015. The orders without jurisdiction were passed immediately thereafter on 15/01/2016, when I was on leave wef 11/1/2016. I approached High court under 226 and 227 seeking protection of fundamental and non fundamental rights. HC directed to apprach Central Adminstrative Tribunal vide order dated 21/3/2016 ( stay was not granted). I filed OA in CAT on 5th April 2016, seeking stay. After HIgh court my salary for month of march 16 is withheld citing reason that my leave is not sanctioned by controlling officer. As per statutory provisions all controllinng officers who are the cotrolling for the purpose of TA /DA are competant to sanction leave. Accordinly I am competant to sanction my own leave.. Under whistle blower Act 2014 central Vigilance Commission( CVC) is designated authority to provide protection to bonafide whistle blower . The CVC has directed HOD not to victimise me in any manner. HOD refuses to be civilised and directed that matter is subjudiced and salary would be rileased only after JUdgemnt is rendered by CAT. The cAT has fixed 28th April as date to hear application for grant of stay. Since I can ot be separated from post because I hold the singular post in substantive capacity and hold lien. I can not give charge of the post to a thord party as i will have no where to go there after. CAn I file criminal case for fabrication of order of transfer as conspiracy against Public servant to obstruct his work and conspiracy to deprive me of my lawful wages. I have 9 months of leave besides 550 days of half pay leave and leave can only be denied by HOD on the grounds that i intend to avoid punishment. On the contrary CCS (CCA ) rule 1965 directed that my controlling officer untill exonerated should be placed under suspension to diaable him to victimise. Pl advice.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1. You better file another OA in CAT to keep your controlling officer in suspension.
2. Since a complaint case is already pending on the same subject matter another case for destroying evidence may not lie.
3. If any investigation by investigating agency like CBI or Police is pending you can file writ petition for proper investigation so the HOD/Controlling Office is put behind bars.
Prima facie it seems that your salary has been illegally withheld. You should move the High Court through a writ for the release of your salary. Unless there is a stay by the court on the release of your salary or disciplinary proceedings are underway the salary has to be released.
1) Wait for hearing of your stay application before CAT
2) it does appear you are being victimised by your superiors as you had complained against wrong doing on his part
3) rely upon CBI report recommending in prosecution and directions issued by Govt for lodging FIR against him
4) the CVC directions not to victimise yiu in any manner will come in handy
5) order of transfer would be set aside
you have filed case in proper forum so first you take stay order then you should file complaint for criminal intimidation and fabrication of evidence for justification of his act.
(1) Relief sought in present OA includes suspension of Accused respondent if two OA on same facts and grounds could co exist. (2) JFMC taking cognizance of private complaint under CR PC 200 is examing the witness. CBI has recorded its bayan already in this case after tCBI was summoned. if we can approach high court to stay the examination at present stage to seek completion of investigation report submitted by CBI without filing challan on the grounds that in MP state the CBI has no jurisdiction on matters of IPC. THis is relevant as per recent judgemnt in Pooja paul vs Union of India decided by Apex court on 21/1/2016 (3) salary being incident of service would lie before Central Admin Tribunal. the test for stopping the salary being illegal is What ?? (4) Apex Court in State of orrisa Vs Ganesh Chandra Jew , in SCC ( 2004)8 page 40 prescribed a test for assessing official duty as " if not performed ( salary not stopped) he would be chargeable of deriliction of duty". (a) can we serve a legal notice ( b) file a criminal complaint before JFMC of fabricating order of transfer and stoppage of salary.? Pl consider in totallity
1) in your OA you should have confined to your prayers for setting aside order of transfer . by seeking suspension of accused Respondent you are un necessarily antagonising your superiors
2) you should concentrate your energies in setting aside your transfer order and not in moving HC to stay the examination .
3) ligation is an expensive proposition . so converse your money for fight before CAT
4) It is a fundamental right of a citizen of India not to be compelled to work without wages.A Government servant so long as he continues to be in service must be paid his salary. That is his legal right and it is the duty of the State Government to pay it.
5) dont file any criminal case for stoppage of salary
For the illegal transfer especially from the post which was singular and non transferable you have to approach AT only. Your matter is already with CAT and your HOD is still not civilised as per your own narration, you have no option than to wait for the decision by CAT which is likely on 28.4.16.
The proposed complaint for criminal fabrication offence may not fetch any immediate reliefs because you have the experience of even the CVC orders were flouted.
Since your problem is taking a serious turn every day, there is nothing wrong in putting a break to those trouble monging officials through such criminal complaints.
3) salary being incident of service would lie before Central Admin Tribunal. the test for stopping the salary being illegal is What ??
(4) Apex Court in State of orrisa Vs Ganesh Chandra Jew , in SCC ( 2004)8 page 40 prescribed a test for assessing official duty as " if not performed ( salary not stopped) he would be chargeable of deriliction of duty". (a) can we serve a legal notice ( b) file a criminal complaint before JFMC of fabricating order of transfer and stoppage of salary.?
Salary cannot be stopped on such issues. He cannot pass any such order to stop the salary.
You can issue a legal notice on the same grounds as you have proposed above.
Criminal complaint is not made out as prima facie there is no fabrication of order in legal parlance. So continue your case on merits.
The CAT quashed the order of transfer holding it unlawful and malafide on part of Respondent no 3 i.e who issued the orders Regarding salary for the period of forced exile the cat ordered as follows As regards regularisation of period of his absence, the applicant should submit an application for grant of leave admissible to him for regularising of this intervening period, and on such application being filed the competent authority of the respondents should consider and decide it within a period of 30 days of the receipt of application, as per rules in this regard what each day of EL has costs to me payable on my retirement 20 months awaya what should be my course of action ? What the regulations under FR 54 pl advice what should I plead in my application for release of salary?
1) you should in your application for leave enclose copy of CAt order
2) you should mention that as per order passed by CAT you are submitting application for leave for the period 15th January 2016 till date
3) CA has to pass orders on your leave application within period of 30 days
what each day of EL has costs to me payable on my retirement 20 months awaya what should be my course of action ?
You are entitled to the encashment of un-availed EL as per leave regulations which the CAT has confirmed, so you may pursue the orders of CAT in this regard.
What the regulations under FR 54 pl advice what should I plead in my application for release of salary?
The orders in your favor shall be the grounds and pleadings for release of salary. Go through them once again so that you will get clue as how to draft the application.