DHARNA HELD ON 27-02-2015.

As per JCA call, as 3rd phase of programme dharna has been conducted at regional office ,o\o the CPMG,Hyderabad-1,Telangana state.Dharna programme organised by com.K.Ramachandram,convenor,postal coordination comm,AP circle.Dharna camp precided by RJ.Madhusudan rao,chairmaan coordination committee.Dharna camp inaugurated by com.T.Satyanarayana,general secretary,postal accounts.He elaborately spoken on the demands and on department policies and also on the attitude of the govt towards central govt employees.
                           All the divisional secretaries, branch secretaries and active comrades from Hyderabd region and city region participated in this programme from NFPE and FNPO.

EMPLOYEE CAN'T BE KEPT UNDER SUSPENSION FOR OVER 3 MONTHS: SUPREME COURT.

  17.2.2015

NEW DELHI: Supreme Court has prescribed that a government employee cannot be kept under suspension for over 90 days in the absence of a charge sheet against him as such persons "suffer the ignominy of insinuations, the scorn of society and the derision of their Department".

Observing that "protracted period of suspension of delinquent government employee has become a norm", a bench of Justices Vikramajit Sen and C Nagappan said suspension, specially preceding formulation of charges, was essentially transitory or temporary in nature and must be of short duration.

"If it is for an indeterminate period or if its renewal is not based on sound reasoning contemporaneously available on the record, this would render it punitive in nature," it said.

Dwelling on the issue, the bench observed that "the suspended person suffering the ignominy of insinuations, the scorn of society and the derision  of his Department, has to endure this excruciation even before he is formally charged with some misdemeanor, indiscretion or offence.

"His torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination, that is to determine his innocence or iniquity.

"Much too often this has now become an accompaniment to retirement. Indubitably the sophist will nimbly counter that our Constitution does not explicitly guarantee either the right to a speedy trial even to the incarcerated, or assume the presumption of innocence to the accused," the bench said.

Accordingly, it directed that "the currency of a suspension order should not extend beyond three months if within this period the Memorandum of Charges/ Charge sheet is not served on delinquent officer/employee; if Memorandum of Charges/Charge sheet is served a reasoned order must be passed for the extension of the suspension."

The apex court's judgement came on a petition by defence estate officer Ajay Kumar Choudhary, who was suspended in 2011 for allegedly issuing wrong no-objection certificates for the use of approximately four acres of land in Kashmir.

Based on the findings given in the verdict, it said the officer can challenge his continued suspension.

"So far as the facts of the present case are concerned, the Appellant has now been served with a Charge sheet and therefore, these directions may not be relevant to him any longer.  "However, if the Appellant is so advised he may challenge his continued suspension in any manner known to law, and this action of the Respondents will be subject to judicial review," the bench said.

Based on the findings given in the verdict, it said the officer can challenge his continued suspension.

"So far as the facts of the present case are concerned, the Appellant has now been served with a Charge sheet and therefore, these directions may not be relevant to him any longer.  "However, if the Appellant is so advised he may challenge his continued suspension in any manner known to law, and this action of the Respondents will be subject to judicial review," the bench said.

DHARNA ON 20-2-15 .

Dharna camp inaugrated by comrad Ramchanderam,convener,state postal cordination committee and all India president,AIPEU admin unit and spoken on the issues which are concerned with the postal employees on 40 charted of demands and also D.A.S.V.Prasad,circle secretary,AIPEU Grp-c and Venugoapl Reddy,regional representative,CLS 3 union,FNPO  spoken on this occasion.
                   
                           Comrad T,Sureshkumar and CH.Sridarswami indetail explained on the demands in lenthy on which the dharna is taken place.Comrad Ashwakhussain ,Comrad Hanumanthu,Comrade Srinivas ,Comrade B.Narasimha and Advaitkumar spoken on this occasion.

                            Comrade M.Krishna,president,AIPEU ,GR.C,precided over this dharna camp.

PJCA Call-Dharna Programme in front of Secunderabad Divisional Office

Prevention of Sexual Harassment of Women at the Workplace – Amendments to CCS(Conduct)Rules 1964.

G.I., Dep. of Per. & Trg., O.M.No. 11013/2/2014-Estt (A-III), dated 2.2.2015

Subject: Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW (PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. 

The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum of even no. dated 27.11.2014. The amendments to the Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965 and the Office Memorandum dated 01.12.2014 are available on the Department’s website.

2.         The following guidelines, conveying the decision of the Committee of Secretaries on this subject, were issued vide this Department’s Office Memorandum No. 11013/3/2009-Estt.(A) dated 03.08.2009, “As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfill all requirements of the Vishakha judgment in the Department/Ministry/ organization concerned.”

3.         As per the guidelines issued vide Office Memorandum dated 21.07.2009, it is also to be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee should also be posted on the websites of the concerned Ministries/Departments/Offices concerned.

4.         Vide the Office Memorandum dated 01.12.2014, the attention of the Ministries/Departments was also invited to the reporting requirements mentioned in the SHWW(PPR) Act and SHWW(PPR) Rules.

5.         All Ministries/ Departments are requested to please review the progress of implementation of the existing abovementioned guidelines issued in the aftermath of the Vishakha judgment.

6.         Attention of all Ministries is invited to Section 22 of the Act relating to including information in Annual Report, and to request that information relating to number of cases filed, if any, and their disposal may be included in the Annual Report of the Ministry / Department.

7.         All Ministries / Departments are also requested to furnish an annual return (as on 31 stMarch) in the enclosed proforma to this Department by 30th April every year.

GDS COURT CASE - LATEST POSITION

GDS COURT CASE - LATEST POSITION

GDS Court case (Writ Petition) filed by NFPE & AIPEU -GDS (NFPE) in the Supreme Court was transferred to Delhi High Court by Supreme Court.. In the meantime another case was filed by some GDS in Supreme Court through another Advocate. In that case their Advocate has agreed to file a case in Central Administrative Tribunal for getting the benefits of regular employees to GDS . Accordingly Supreme Court has given a judgement permitting them to file case in CAT. It is in this background our case in the Delhi High Court came up for hearing on 4th February 2015. The Delhi High Court has given a verdict to transfer the entire case filed by NFPE & AIPEU - GDS (NFPE) to CAT Principal Bench, New Delhi. There is no need to file separate case in CAT. Delhi High Court case will be transferred to CAT by High Court. We have decided to argue our case in CAT Principal Bench New Delhi and continue our legal battle for justice till end. In CAT it will take maximum four months for Judgement.

R.N. Parashar,                                                                     P. Pandurangarao

Secretary General                                                              General Secretary 

NFPE                                                                                                  AIPEU - GDS (NFPE)