Dishonesty (or fraud) and malice in exercising statutory powers

SHRI.S.LAKSHMIKANTHAN THE THEN INCHARGE DIRECTOR OF EIC, UNDER THE DICTION OF COMMERCE MINISTRY EXCERSIED HIS POWER FRAUDULENTLY TO IMPLEMENT THE 1994-ILLEGAL VRS FOR SOME PETTY BENEFITS-HENCE IT IS UNCONSTITUTIONAL,EXCESSIVE OR ARBITRARY

Wednesday, April 09, 2008

A TRUE COPY OF AMBIGUOUS CIRCULAR RECD. UNDER RTI-ACT-2005

No.3/8/91-EI & EP

Government of India

Ministry of Commerce

(EI & EP Section)

New Delhi, the 21st.May,1994.

To

The Director (I&QC),

Export Inspection Council,

11th.Floor,Pragati Tower,

26, Rajendra Place,

New Delhi.

Subject: Voluntary Retirement Scheme for the employees of the Export Inspection Council/ Export Inspection Agencies

Sir,

I am directed to state that Government of India has approved a Voluntary Retirement Scheme for the Export inspection Council and he Export Inspection Agencies. The EIC may offer it to its employees and the employees of the Export Inspection Agencies as a special one time offer as per details given below:

(i) Half a month’s gratuity per year of service subject to a ceiling of

Rs.1 lakh as admissible under Gratuity Rules of EIC/EIAs.

(ii) Ex-gratia payment equivalent to 1½ months emoluments (Pay +DA) for

each completed year of service or the monthly emoluments at the time

of retirement multiplied by the balance months of service left before

normal date of retirement, which ever is less.

(iii) One or 3 months of pay in lieu of notice, where admissible, in terms of the

conditions of service/appointment of the employees.

(iv) Encashment of earned leave at the credit of employees as per Ministry of

Commerce O.M.No.15/5/93-MDA, dated 3rd January, 1994 up to a

maximum of 240 days.

(v) Full matching CPF contribution from the Export Inspection Council/Agency

side irrespective of whether such employees have completed five years

service. (Applicable to such employees if any, who have not opted for

pension scheme).

(vi) Full commutation of pension.

(vii) Travel expenses for the employees and family for proceeding to home town

or to the place where he/she intends to settle in India as per his/her

………………2/-

- 2

entitlement under the (TA/DA) Rules of the Council/Agency.

2. It is made clear that Government is not obliged to formulate or approve any such Scheme but it has been done so only as a special gesture to the

EIC/EIA s. The Scheme is a one-time offer and is not to be treated as a

precedent.

3. The EIC would have the right to refuse the request for voluntary retirement in the case of any employee, without assigning any reason.

4. The expenditure for the scheme would be provided by the government, on demand, as a special one-time offer limited to the funds actually utilized. The funds provided for the scheme would not be utilized for any other purpose. Detailed accounts along with a utilization certificate would be submitted by the EIC to the Ministry after expiry of the stipulated period.

5. It is requested that further necessary action may be initiated to implement the Voluntary Retirement Scheme for the employees of EIC/EIAs with immediate effect. The offer would be valid for a period of sixty days. There-after, unutilized funds would revert back to Government of India.

Yours faithfully,

-sd- on21.5.94

(Kum.Suma Subbanna) Director

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(a) Ambiguity in the first paragraph of page 1 & item 2 of 2nd.page regarding GOVT.APPROVAL.

(b) This portion is deliberately deleted by the EIC Director in his circular to suppress the facts intentionally to cheat the employees.

(c) Also this is a confession of Commerce Ministry’s infringement on Allocation of Business Rules & Transaction of Business Rules,

Ignoring DOPT & Pension depts.(NODAL) who are empowered to

Frame Rules, Regulations & Schemes for all other ministries.

(d) The then Director In charge who manipulated this circular also opted this SVRS-1994, was relieved on 31/05/1996 with all Fifth pay commission benefits- a clear discrimination (not treated equally). For this petty benefit he motivated the employees to opt the fraudulently implemented scheme.

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