ALL INDIA ASSOCIATION OF POSTAL SUPERVISORS (GENERAL LINE) DE-RECOGNISED.

RTP CASE – NEXT HEARING ON 07.04.2014

The RTP case (OA No. 3532/2013) came up before the Registrar of Principal Bench CAT New Delhi on 24.02.2014. The counsel on behalf of the union of India (Department of Posts) did not appear. Nor have the Respondents given their counter statement (Reply). The case had to be adjourned. The next date is 07.04.2014

Source : http://nfpe.blogspot.in/

CLEAR REMARKS ARE MUST ON RETURN ARTICLES

Disclosure of personal information under the RTI Act, 2005

No.11/2/2013-IR (Pt.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block, New Delhi,

Dated the 14th August 2013

OFFICE MEMORANDUM

Subject: Disclosure of personal information under the RTI Act, 2005. 

The Central Information Commission in one of its decisions (copy enclosed) has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualities as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005.

2. The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:-

“The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual." The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.

3. This may be brought to the notice of all concerned.

End: As above.

sd/-

(Manoj Joshi)

Joint Secretary (AT&A

Peaceful demonstration is not misconduct: court

While quashing the charge memo issued to two State Bank of India (SBI) officers alleging misconduct for holding a lunch hour demonstration in August last year, the Madras High Court has held that a mere peaceful demonstration, per se, inside the campus, cannot be understood as a mark of misconduct under the rules.

A Division Bench comprising Justices Chitra Venkataraman and K.B.K.Vasuki passed the common judgment on appeals filed by two officers of the bank against a single Judge’s order of February 8 this year.

The two, D.Thomas Franco Rajendra Dev, Deputy Manager, SBI, RBU, LHO, Chennai and D.Suresh Kumar, Chief Manager, RBU, LHO, Chennai, were the general secretary and elected president of the All India State Bank of India Officers’ Association respectively. The association held a lunch hour demonstration on August 28 last year in front of the local head office and in all the administrative offices of the bank. Members, including the two officers, participated.

DPC FOR PROMOTION FROM PS Gr. B TO JTS Gr. A FOR THE YEAR 2012-2013 AND 2013-2014 ...... an update

It is learnt from Directorate that OA filed by Shri V. R. Aravindakshan Nair Sr. Postmaster, Ernakulam HO from Kerala Circle for challenging draft seniority list of PS Gr. B cadre in Hon’ble CAT at Ernakulam Bench is yet not received.  The work of scrutinity of documents and preparation of records to convene DPC for promotion from PS Gr. B to JTS Gr. A cadre is in full swiing.

When contacted to applicant it has been told that OA No. 603/2013 was disposed of on 8th July 2013 with a direction to prepare revised seniority list considering applicants representation and similar representations submitted by other affected officers and not to proceed with the promotion to Group A process initiated now till the revised seniority list is prepared.   

Applicant is going to dispatch copy of OA and order passed thereon by Hon'ble CAT to Directorate by post tomorrow.

Registered letters can't be returned as "Unclaimed" : Madras high court

CHENNAI: The Madras high court has frowned on mechanical return of registered letters as "unclaimed" by postmen, and said that in case they could not be delivered, proper reasons must be given.

Justice S Tamilvanan, underscoring the importance of a registered post in litigations and other matters, said that when people pay a fee and affix sufficient postal stamp, the postal authorities or postmen must discharge their duties in a responsible manner. The postman should make it clear as to whether the registered letter was served on the addressee or refused by the addressee or no addressee was found in the given address, the judge said.

FAQ ON ADMINISTRATIVE TRIBUNALS

DOPT published today on its official website regarding the 'Administrative Tribunals', the clarification is given as  ‘FREQUENTLY ASKED QUESTIONS’ and it placed under for your information…

FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE TRIBUNALS

Q.1 What is the objective behind setting up of Central Administrative Tribunal? 

Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.

Q.2 What are the jurisdiction of a Central Administrative Tribunal? 

Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities with the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.

INJUSTICE CAUSED TO PROMOTEES IN MACP – QUASHED

FANTASTIC ORDERS PRONOUNCED BY CAT, JODHPUR


v Promotion as PA from Group ‘D’/Postmen should not be construed as Promotion under MACP
v MACP shall be granted afresh from PA cadre based on 10, 20, 30 years in PA cadre
v Any promotions under LDCE shall not be brought into no. of promotions under MACP
v Applicant should be paid arrears with interest applicable to GPF

The full text of the judgment is furnished below in the link. What we are demanding all along (i.e) to exclude the promotions acquired by exam has been categorically declared by the Hon’ble judge. A remarkable decision.

The CHQ is referring the CAT decision to the Directorate requesting to implement the same to all without further appeal in High court or other forums.

Thanks to Com. Sohan Lal Asst. Circle Secretary, Jodhpur & Com. H. P. Diwakar, Circle Secretary, Rajasthan Circle

Please click here to view in detail


source : aipeu chq

ANOTHER REMARKABLE JUDGMENT QUASHING

RECOVERY IMPOSED UNDER CONTRIBUTORY FACTORS

Please make use of it

Please click here for the detailed report


Source: aipeu

Three per cent quota in Government Service for the Disabled is only for initial appointments not for Promotions - Madras High Court

Three per cent quota in government service for the disabled is only for initial appointments, and the government cannot be directed to extend it for promotions, ruled the Madras High Court on Monday.

Dismissing a petition seeking a direction to the government to reserve three per cent for promotions to physically handicapped persons, Justice K. Chandru said: “The provisions are contemplated only for initial appointments and not for promotions. The petitioner has not made out any case to seek a direction to provide for reservation for the disabled persons in the matter of promotions in respect of State services.”

The writ petition was filed by the South Arcot Vallalar District Handicapped Welfare Association, represented by its president S. Shanmugam, seeking reservation for the disabled in promotions. If suitable employees were not available in a particular year, the unfilled posts could be carried over for the next three succeeding years.

Departmental, criminal proceedings can proceed at a time: HC

New Delhi, June 10, 2012: A government official can be made to face departmental disciplinary proceedings and trial for his alleged role in a criminal case simultaneously, the Delhi High Court has ruled, rejecting the plea of an IFS officer, facing the twin trouble. 

“The employer should not wait for the decision of the criminal court before taking anydisciplinary action against the employee and that such decision on the part of the employer does not violate the principles of natural justice,”said a bench of Justices Badar Durrez Ahmed and V K Jain, rejecting the plea of the IFS officer, allegedly involved in trafficking nine persons to Germany in 2005.

Charge Sheet can't be quashed in a casual manner - SC

New Delhi, June 4, 2012 (PTI): A charge sheet filed in departmental proceeding cannot be quashed by courts unless it adversely affects the rights of the aggrieved employee, the Supreme Court has held.


“In fact, charge sheet does not infringe the right of a party. It is only when a final order imposing the punishment or otherwise adversely affecting a party is passed, it may have a grievance and cause of action.


“Thus, a charge sheet or show cause notice in disciplinary proceedings should not ordinarily be quashed by the court,” said a bench of justices B S Chauhan and Dipak Misra, in an order.

Stay Order on declaration of Result PS Gr. B Examination 2012.

All India Association of Inspectors and Asstt. Supdt. Posts, UP Circle Branch and another one applicant jointly moved M.P. under No. 1317/2012 (Diary No.1385/2012) on 31.05.2012 at Hon'ble CAT, Lucknow Bench. The gist of the MP is given below:

This OA has been instituted seeking following reliefs. 

"a) issuing / passing an order or direction setting aside the impugned letter / notification dated 10.04.2012 issued by the Respondent No.2, for holding the LDCE for promotion to the cadre of PS Gr B, 2012 (as contained in Annexure No. A-1 to the original application), after summoning the original records. 

b) issuing / passing of any order or direction as this Hon'ble Tribunal may deem fit in the circumstances of the case".

RTP Service can not be counted for grant of MACP, Seniority etc - Clarification

It was clarified by Postal Directorate vide letter no 44-1/2011-SPB II dated 12.04.2012 that the service rendered under RTP Scheme prior to regular appointment as P A / S A can not be counted for promotion, seniority and grant of MACP.

Click here to view the said Directorate letter in original.

Sr.Postmaster CAT case update

Sr. Postmaster CAT case came up before the Hon'ble CAT bench Chandigarh but no hearing took place as no reply has been filed by the department. The hearing has been adjourned to 11-4-2012.

Source : Punjab IP/ASP Blog