Retrospective Dismissal is illegal

why retrospective dismissal is illegal?

In Laisram Tombi Singh, Imphal v. Laisram Gopal Singh, Imphal, AIR 1963 Manipur 28, the petitioner was dismissed from service w.e.f. the date he was suspended. The dismissal was challenged by the petitioner. Dealing with the contention, Supreme Court, inter alia, held as under:-

"The ordinary rule is that any order including an order of dismissal can take effect only from the date of the order. If it is to have retrospective effect there must be some provision in the statute or in the rules on which the order was based, permitting retrospective effect to be given to the order. The Central Civil Services Rules, 1957 which are framed under Article 309 of the Constitution to regulate the conditions of service of Government servants provide for various penalties including dismissal. There is nothing in the said rules, which would permit the disciplinary authority to dismiss a person from Government service with retrospective effect.

An order of dismissal with retrospective effect from the date of suspension amounts even to a decision by the disciplinary authority that the Government servant is not entitled even to the subsistence allowance to which he has a right under F.R. 53. The disciplinary authority is bound by the provisions of F.R. 53 and he cannot make any order which will be against the said provision."

In Sudhir Ranjan Halder v. State of West Bengal AIR 1961 Calcutta 626, a Division Bench of Calcutta High Court took the view that suspension, dismissal or removal from service with retrospective effect is illegal and invalid

371 J ಮತ್ತು ಜಾತಿ ರಾಜಕೀಯ !

ಹಿಂದುಳಿದ ಪ್ರಾಂತ್ಯದ ಉದ್ಧಾರಕ್ಕಾಗಿ  ಸಂವಿಧಾನಕ್ಕೆ  ತಿದ್ದುಪಡಿ ಮಾಡಿ   371 ಜೆ   ಸೇರಿಸಿದ್ದು  ಹಾಗೂ ಅದರಲ್ಲಿ  ಸರ್ಕಾರದ ನೇಮಕಾತಿ ಬಡ್ತಿ ಮುಂತಾದ ವಿಷಯಗಳಲ್ಲಿ  ಈ ಪ್ರಾಂತ್ಯದ ಜನರಿಗೆ ಪ್ರಾತಿನಿದ್ಯ ಕಲ್ಪಿಸಿದ್ದು ಎಷ್ಟರಮಟ್ಟಿ ಉಪಯೋಗವಾಯಿತು ಗೊತ್ತಿಲ್ಲ . ಆದರೆ ಅದು ಕರ್ನಾಟಕ ಸರ್ಕಾರದ ಸಚಿವಾಲಯದ ಮೊಗಸಾಲೆಯಲ್ಲಿನ ಜಾತಿ ರಾಜಕೀಯಕ್ಕೆ ಒಂದಿಸ್ಟು ಟ್ವಿಸ್ಟ್ ನೀಡಿದೆ . ಇಲ್ಲಿ ಕೆಲಸ ಮಾಡದೇ ಓತ್ಲಾ ಹೊಡಕೊಂಡು ಕ್ಲಬ್ಬು ,ಸಹಕಾರಿ ಬ್ಯಾಂಕು ಸಂಘ, ಲೈಬ್ರರಿ ಕಾಲಹರಣ ಮಾಡುತ್ತಾ ಕಾಲ ಕಳೆಯುವ  ಈ ಮಂದಿಯ ಮುಖ್ಯ ಉಧ್ಯೋಗವೇ ಜಾತಿ ರಾಜಕೀಯ . "ಸರ್ವೀಸ್ ಮ್ಯಾಟರ್ಸ್ " ಎಂಬ ಹಾದರ ಬಿಟ್ಟರೆ ಉಳಿದ ಕೆಲಸವನ್ನೆಲ್ಲಾ  ಕ್ಷೇತ್ರ ಇಲಾಖೆಗೆ ಡೆಲಿಗೇಟ್ ಮಾಡಿ ಆಗಿದೆ . ಈಗ ಈ 371J ಈ ಜಾತಿ ರಾಜಕೀಯಕ್ಕೆ ಹೊಸ ಆಯಾಮ ನೀಡಿದೆ . ಮೇಲೆ ಹೇಳಿದ ಎಲ್ಲಾ ಕ್ಷೇತ್ರಗಳಲ್ಲೂ ಈ ಜಾತಿಜಗಳ ಸಾಮಾನ್ಯ . ಒಮ್ಮೆ ಒಂದು ಜಾತಿಗೆ ಅಧಿಕಾರ ಬಂದರೆ ಇನ್ನೊಮ್ಮೆ ಇನ್ನೊಂದಕ್ಕೆ .(ಹೆಸರಿಗೆ ಒಂದೆರಡು ಅಹಿಂದ  ಮುಖ ಸೇರಿರುತ್ತಾರೆ ). ಸೋತವರು ಗೆದ್ದವರನ್ನು ಮೂದಲಿಸಲು ಕಾರಣ ಹುಡುಕುವಾಗ ಸಿಕ್ಕಿದೆ ಈ ೩೭೧ ಜೆ ! ನಿನ್ನಿಂದಲೇ ಇದು ಬಂತು  ಅಂತಾ ಒಂದು ಜಾತಿಯವನನ್ನು ಇನ್ನೊಂದು ಜಾತಿಯವನನ್ನು ಮೂದಲಿಸುತ್ತಾ ರಾಜಕೀಯ ಮಾಡುವುದನ್ನು ನೋಡಲು ಒಂದು ಒಳ್ಳೆ ಸೀನು ! ದಯವಿಟ್ಟು ಮಿಸ್ ಮಾಡಬೇಡಿ !

While Tamil Nadu had signed up with the PFRDA to shift their employees to the NPS in April 2003, Maharashtra signed up in November 2005

http://www.business-standard.com/article/pf/why-states-dare-to-give-nps-a-miss-113110200568_1.html

Almost 10 years after signing up for the New Pension Scheme(NPS), Maharashtra and Tamil Nadu are yet to remit pension contribution on behalf of their new employees to the NPS system. Many other states, too, have failed to pay their dues regularly, according to the sector regulator, Pension Fund Regulatory and Development Authority (PFRDA).

While Tamil Nadu had signed up with the PFRDA to shift their employees to the NPS in April 2003, Maharashtra signed up in November 2005. Except West Bengal and Tripura, all state governments have given their consent to be part of the new pension regime. Kerala is the latest entrant, having signed up in April this year.

"I have no means to ensure compliance from state governments," PFRDA chairman Yogesh Agarwal has told Business Standard. The recently-passed pension legislation does not give PFRDA enough power either to ensure that governments regularly remit their pension contribution. While Maharashtra and Tamil Nadu have not paid anything at all, track records of other state governments are not good either.

Maharashtra has decided to join the new pension scheme (NPS), with its concerns having been addressed by the Centre, says a senior government official. The main concern was about the periodic withdrawal of money by employees, especially those belonging to the Class IV category, the official says. The second concern was about high fees charged by the National Securities Depository Ltd for putting in place necessary infrastructure.

According to the official, the Maharashtra government currently deposits the pension amount in public accounts so that employees get interest. The amount, about Rs 1,500 crore, will be transferred to the PFRDA-appointed fund manager, the official adds. Tamil Nadu, too, is in the process of making the policy, says a government official. He has, however, clarified the government is yet to decide whether to remit or not.

"In one month, states' contribution is 100 per cent, the next month it falls to 50 per cent and the next it becomes zero," says Agarwal. He says he has been constantly corresponding with state governments to ensure regular compliance, but to no avail.

According to him, while state governments regularly deduct employees' contribution to the new pension fund, they don't remit the entire corpus to NPS system regularly. The NPS covers all government employees who have joined the service since 2004.

Ashish Kumar, general manager, PFRDA, says the entire process involves states signing up with the PFRDA, setting up a nodal office and registering all subscribers. Once that is done, they are required to remit their pension contribution, which is then transferred to designated fund managers. The delay in remitting money means all government employees who are now part of defined contribution rather than defined benefit pension regime, will earn less on their contribution to the pension fund.

"Till the time money is lying with state governments, they pay an interest at par with the prevailing rate on government security, which is roughly around eight per cent. Whereas, our rate of return has been 12-14 per cent," says a top PFRDA official. The difference in rate of return may prove to be bone of contention between employees and governments, if the retiring employees ask for return at par with the NPS retrospectively, he says, adding it will increase litigation and also the financial burden of state governments. Incidentally, the NPS was started with a view to reducing the future pension liabilities of governments. However, non-compliance on the part of some state government and irregular compliance by some others may defeat the very purpose. And employees who have been asked to switch to the defined contribution pension regime may also suffer in the bargain.

However, PFRDA officials say records of some state governments have been satisfactory. States with better compliance include Rajasthan, Karnataka, Himachal Pradeh and Andhra Pradesh. However, states such as Goa and Punjab have been clear laggards apart from Maharashtra and Tamil Nadu. Rajasthan's contribution to NPS corpus is Rs 1,948 crore till date, followed by Rs 1,386 crore from Karnataka and Rs 1,361 crore from Andhra Pradesh. On other hand, Goa, which had joined the NPS system in 2005 has contributed a paltry Rs 24.23 crore so far.

Partial compliance of state governments notwithstanding, the NPS already has built a subscriber base of nearly 5.5 million with nearly 3.1 million government employees. Its assets under management stand at Rs 37,681 crore. Currently, there are eight fund managers. PFRDA chairman Agarwal expects both the subscriber base and the assets under management to increase thanks to the passage of pension Bill.

"With the statutory backing of Parliament", investors' confidence is going to go up, which will act as major boost to the NPS, he observes. He adds other new initiatives such as enhanced fee for fund managers will ensure greater participation of private sector employees in the NPS. "NPS is the cheapest financial product in the country with one of the best returns. The reason it did not catch the fancy of investors is that it was not marketed well. That concern has been taken care of now," says Agarwal.

He, however, clarifies there is no question of NPS giving guaranteed return. The new legislation talks about giving subscribers access to a product, which gives minimum assured return, he says.

STATE OF AFFAIRS

* While states deduct employees' contribution to the new pension fund, they don't remit the entire corpus to NPS regularly

* Difference in returns may prove to be the bone of contention between employees and govts, if retiring staff seek returns on a par with NPS retrospectively

* The NPS already has built a subscriber base of about 5.5 million with about 3.1 million government employees

With inputs from T E Narasimhan in Chennai and Sanjay Jog in Mumbai

Ranga’s men’ moved out of chief secretary’s office

(Nothing but petty quarrels between super time scale Typists. Its time our bureaucrats understands the true motives of their ass lickers).If they are changing longstanding people then Why was Sharanappa, Fahimunnisa,Gurumurthy, Chandrashekher, mohan etc are not touched? If Kumar was longstanding, what about Marigowda and Narasimhulu?, Is this resuffle is only limited to CS office? what about the longstanding people in Services section like irrigation, PWD, RD,RDPR etc)
http://www.bangaloremirror.com/bangalore/others/Chief-Secretary-Kaushik-Mukherjee/articleshow/25392246.cms?prtpage=1

By Niranjan Kaggere, Bangalore Mirror Bureau | Nov 8, 2013, 01.00 AM IST

Newly appointed Chief Secretary Kaushik Mukherjee (in pic),has taken a leaf from the politicians' book. Five days after taking charge , he has gone for a total overhaul of the office by transferring senior officers working in the Chief Secretary's office since several years. 

These senior officers, who come with the tag of being former chief secretary S V Ranganath's "loyalists" have been posted to other departments. Search is on for their replacements. Ashok Bhat, who worked as private secretary to Ranganath for years, has been moved out and posted to the home department as additional secretary. Similarly, under secretaries Vishwanath, Upendra Raiker, S S Hiremath, Karenawar and others who held key positions were also transferred to various other departments. 

This has become big news in the power corridors, especially among the senior IAS lot who are whispering that Ranga's men' are out of favour now. "The new CS wants to give a different administration, so he has the right to bring people who can work at his pace. The earlier staff worked to the satisfaction of their boss. There is nothing wrong in it," an additional chief secretary rank officer justified the action. 

Sheikh Mohammad Ali, who was known as 'Ranganath's pen' in the CS officehas been sent home. He and Ranganath were scheduled to retire on April end. But Ranganath who got an extension of six months service decided to employ Sheikh on contract basis and continued him in his office till now. 

On assuming charge as the 31st CS , Mukherjee, an officer of the 1978 IAS batch, had expressed a wish to lend the pace of a "bullet train" to the administration.