Legal Question in Legal Ethics in India

I was an Engineer In Charge of a work contract. The company I am working with has alegated with charges amounting to indiscipline and misconduct. The alegations are:

1) I have not taken administrative approval for the contract----I have initiated the technical sanction which have been approved by the competent authority and the tender document prepared there after was approved by a authority who provides administrative approval. As being a public tender my superiors told me that there was no need of administrative approval as it was the most safe and preferred mode of tendering.

2)There existed a penalty clause for manpower absence. I calculated the penalty as per the physical register maintained by the contractor and verified by me on daily basis. But as per the vigilance department the attendance registered by a visitor management system(VMS) was to be considered for penalty. Prior to this contract the physical register was considered in all the contracts as the system was under infancy stage. No one told/guide/advised me to monitor the attendance through the VMS. The VMS system still has following flaws:

-The server is some times not available due to various reasons.

-When the RFID doesn't works due to damage extra, manual entry is done which is not recorded in VMS,

-When the RFID card is changed, it takes time for activation of the new card which some times takes few days, during that period the entry by the contract manpower is done on manual entry.

-When the validity of the RFID cards are extended it takes time to activate it again which may take few days.

Hence there have been mismatch of the Penalty calculated by me using the physical register and the penalty which comes out using the physical register.

I feel I have deliberately not committed any act with vested interest towards myself or to give any undue benefit to the contractor. Any deviation or lapses if occured have just due to lack of awarness and proper knowledge about handling the the contract process. I have till now not given any formal training to make me aware and increase my knowledge about the contract procedures.

Company wants to take disciplinary action for act amounting to a unpublic servant, and have also charged against integrity and devotion to serve the company.

Please advise and guide me in this regard as to how to represent against the memorandum issued to me.


Asked on 1/03/14, 7:23 am

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

You may retain a lawyer who can do the needful for you.we need to go through all the documents before suggesting anything.

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Answered on 1/06/14, 2:56 am


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