Sunday, October 20, 2024

BRIEF PRESENTATION BYCOM. K.V.SRIDHARAN, FORMER GENERAL SECRETARY, AIPEU GROUP C, & LEADER STAFF SIDE JCM DEPARTMENTAL COUNCIL FOR THE TRADE UNION CLASS HELD AT VIJAYAWADA ON 11.2.2024

 Dear Comrades,

1. First and foremost, our duty is to educate the ordinary rank and file not to heed the pleasantly words of the officers at a time of crisis when he is facing. It is our bounden duty to contact such affected officials and guide them at the time of their need. We should not have the ego or thought that the affected should approach us; then only we should offer them advice. The real unionist should feel the sufferings of any one who is under him as if it affects him 

2. The officers who are armed with all-powerful quasi-judicial authorities and assisted by many officers working under them nowadays misuse their powers and take positions against the gullible and innocent employees who become a prey to their sweet words at the time of preliminary inquiry itself in disciplinary cases.

3. Knowledge and militancy are the two tenets basically required for the good union activists. Knowledge without militancy and aggressiveness will not yield the anticipated results in the negotiation. Similarly, militancy without knowledge is nothing but a rain in the desert. If knowledge and militancy put together, one can surmount and conquer even the worst bureaucrat

4. A trade union activist should know how to use all the channels available around him. If the problem taken by him is not mitigated locally, he need not hesitate to take up the issue with the next higher level. He can also exhaust the remedies available through the CAT. But before filing a case in CAT, one must study the issue properly; have consultations with the knowledgeable persons ; prepare a draft and present it to the advocate for preparation of affidavits; otherwise the judgment become a ruse for denial of the benefits to the similarly situated persons permanently. While preparing affidavits, a reference of various orders and judgments is a must for that the leader should possess all the material with him; so that in each branch there should be a mini library containing various volumes and guides also the journals of the union in which all the important items are printed then and there

5. The RTI can be used to ascertain the position of any pending representations; appeals and petitions. The information can be sought like the following;

i. Please supply the information about the daily progress made on my representation/ appeal/petitions.

ii. The names of the officials who were supposed to act on my representation.

iii. Pl furnish the time limit prescribed in the rules for disposal of representations/ appeals/petitions. Please supply the copy of the orders.

iv. Please intimate the periods when my representation was kept unattended during this period. Please intimate the officials/officers who are responsible for the delay. Please intimate the action taken or to be taken against the officer/official for such inordinate delay during this period.

v. If the officers/officials have not observed and adhered the time limit mentioned in the rules, please intimate whether they will be brought under guilty of violating the rules and proceeded under the CCS rules. Pl supply a copy of the rules under which they have violated the rules and what action is proposed to be taken in this regard.

vi. It is mandatory on the part of divisional/circle level administrations to publish the entire tender decisions, all selections including the GDS appointment, all transfers and postings, all purchases at different levels, all welfare sanctions, advances, all LTC, Medical bill sanctions, allotment of staff quarters, all claims sanctioned to public customer, all cases of hiring private buildings enhancement of rent etc in the notice board every day. Can anyone identify the place where it is being adhered? Will it not be a violation of rules and orders? Will it not be a subject for unbecoming of a Govt servant? Because of ignorance or not to want have any confrontation with the divisional heads, in many places we are remaining silent. When we are unnecessarily being beleaguered by the administration and innocents are being proceeded on flimsy and fabricated reasons, why should not we seek the proper adherence of this order through RTI?

6. The divisional head should not take anyone except stenographer in the staff car while on tour. Usage of staff car for marketing with family is against to the staff car rulings. While drawing transport allowance, the staff car should not be used to return to home even in the late hours. When the staff car is used for other than a tour, proportionate mileage shall be credited.

7. Whenever inspecting the SOs by the divisional head, he can utilize the services of ASPOs or other officers only for the counting of stationary and other stocks. Inspections should be done personally by him. Even ASPOs are not permitted to carry out the inspection on behalf of the divisional head. PRI (P) should not be utilized for inspection.

8. CVC guidelines dated 18.11.98 have not been observed in the division. Nothing is displayed in the divisional office notice boards.

9. Monthly meetings are not conducted as per the schedules.

10. Union’s correspondences are neither acknowledged nor replied.

11. Recently while interacting the divisional secretaries on staff oriented issues, we felt alarmingly shocked that they are unaware of many important factors. The service book of an official is not a secret one and the officials are having the right to inspect the entries made in the service book periodically. How many of us are verifying the entries made in the service book? Now as per the amendment, all officials shall be supplied with a copy of the duplicate service book and every year in the month of January the same shall be produced for updating. The Reservation roster is also not a secret one. The trade unions can verify the roster point maintenance every year. Are we doing this? The entries made in the APAR should be circulated to the officials every year before June. The officer who failed to write APAR within the year is not empowered to write APAR later. Are we checking all these? The divisional heads even after the lapse of the prescribed period are making entries in the APAR and not circulating to the officials.

The following are few to be taken care of:

(i) An official can be punished for his fault but he should not be suffered due to the misconduct of another.

(ii) Trade unions should play an effective role to plead for the innocents.

(iii) Efforts should be made to recover the loss from the main offender by confiscating his properties.

(iv) Educate the members and guide them to be cautious to prevent such frauds.

(v) Numerous orders were issued by the Department to protect the innocents. Those should be popularized.

(vi) A team of well-trained comrades on disciplinary/Staff rules must be pooled in each division to counter the attacks.

Notes before giving statement

Whenever seeking statement, one should demand to see the vouchers or records.

One has every right to ask time to give his statement.

After giving a statement, a copy of the same must be taken.

If refuses time, one may say that he want to pursue the records, consults necessary rules.

To avoid false report as if refused to give statement, the official should send his representation to DA through proper channel.

As per law, nobody should be forced to testify against himself and refusal to give statements could not be construed as misconduct.

The statement is the most vital factor and one should be very careful.

Always consult knowledgeable persons before giving statements.

Always see the documents at first and ascertain your role before defending the case.

First ensure that whether were you on duty on the day.

Pursue documents and find out whether the same were handled by you.

Check rules & find out the extent of your negligence.

Never write a statement as per the officer’s dictation.

Consult knowledgeable people before giving a statement and act on his advice to avoid complications

Never trust the officers/administration.

Always take notes on the evidences & take copies of your statement.

If Rule 16 is issued, make a request to pursue all the documents.

If DA is relying on other’s statements, seek oral inquiry. If refuses, don’t worry; it will be helpful for legal remedy.

Submission of proper representation will help while approaching CAT for remedy.

Tips for union meetings

Remember, Individual cases cannot not be taken only in the formal meetings; it can be taken up in the informal meetings as well as correspondences. Service Unions can write allegations against officers and discuss the same informally. This order becomes obsolete after introduction of the RTI and any complaint can be made by any one and as such union cannot be exempted for taking individual cases or complaints under the natural law. We can make use of the monthly meetings at divisional level in which there are no restrictions on the number of subjects. Similar is in the case of RJCM also. All the union letters should be acknowledged and replied. We should use the available forum properly in mitigating the problems of the members.

                                                                To be continued.......

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