Don the battle dress with knowledge - Article from Mr. K.V.Sridharan
· Nowadays, most of the frauds are taking place due to the non-observation of rules in the savings bank. In most of cases, the basic reason and in particular is allowing the SAS and MPKBY Agents to have access of our records. We can avoid it. 90% of the frauds taken place due to these agents and if we will educate our comrades properly at divisional levels, we can definitely avert such incidences.
· The following should be educated and propagated among the employees so that they can have a vigil before enmeshing themselves into the traps and face recovery of the amount fully by fixing them as scapegoats.
- 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 wants 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
· The above are not exhaustive and you may add due to your experiences in the field levels. The glaring example of Visakhapatnam fraud case which was colluded by the officers (Refer Bhartiya Post Nov 2012) and also due to their inaction should be remembered.
· We should have a team to go deep in to the cases and seek information under RTI and exhaust all the channels to save the innocents from the clutches of the contributory negligence factors.
· Another area which is very important is approaching CAT for genuine and common cases. We can see in Kerala Circle, no abolition of Group D posts was made right from 2001 onwards as per the Govt of India orders. The circle union has achieved by getting a stay to abolish the posts of postmen for the years from 2005 to 2008.
· When the entire country is having Panchayat Dak Seva, there is no such happening took place in Kerala. Earlier itself, they got the directions from the courts on casual labourers for the grant of minimum wage as per the fifth CPC plus 151% DA. The casual labourers of Kerala got the arrears from 1.1.2006.
· The Chief PMG who allotted funds for such payment is the regular CPMG of Tamilnadu circle but he don’t want to implement the same in his circle. It is the double standard of the officers and it exposes our weaknesses also.
· We should explore the possibilities of approaching CAT also. Before filing a case in the CAT, the pros and cons and also the negative impact of any decision if any pronounced should be thoroughly discussed by a team of knowledgeable persons.
· I am always looking for the advancement and saw only the better things prevailing in other circles that does not mean that we are weaker or not capable of handling things.
· The last but not the least is that we should exploit optimum the negotiation forums accurately. If we will utilize the forums, we could settle most of the genuine demands. No such trade union facilities are available in any other central Government organization except the postal department which our forefathers established for us due to their devotion and sacrifice provided for next generations.
· While presenting the individual cases, it can also be taken as a common subject as if any deviation of any request panel, violation of any orders, concession granted by government etc and the particular case can be made as a citation.
· 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.
· There were marathon discussions taken place at the Directorate on LI & L2 problems and introduction of speed post hub. We called for the statistics from the branches but none responded; in the meeting, heated exchanges were taken place between the officers and ourselves. At one stage we could not justify further as the Dept is placing the statistics one after another.
· I waited for a chance; one officer unwarrantly commented about the union and taking that as a ruse we stood up and started boycotting the meeting. The DG asked us to resume for talks. We said that we will come tomorrow. After returning to CHQ the whole night myself and Com Krishnan did the home work contacting all the circles and selective divisions and collected the materials to defend our side and we succeeded on the next day in the discussions.
· In general, some issues we could not convince the officer on the day we presented. We may have genuine reasons to settle the issue. I had an experience. When the issue was discussed, that officer was not convinced and not ready to settle. Immediately I told Ok Sir; Today I could not convince you; but I am confident tomorrow I will convince you. Please leave issue today and let us go for the next.
· The next day I could convince him and he said yes; you are correct. Since there is no other channel more than the Directorate, I have adopted this type of convincing method and I succeeded in grabbing more orders for the P3 cadre during my tenure as the General Secretary.
· For all these things, knowledge on staff rulings is a must; one must know how to interpret the orders in favour of members; one must know that in the event of refusal of settlement on genuine issues at local levels, the remedies to be advanced.
· Earlier, during my earlier times, no such ruling reference books and references on orders were available to the unionists; now everything we are supplying in the shape of various books and exhibiting all the rules and regulations in the union websites.
· The only requirement is to devote time and learn more and make one to fit the job of defending the members who believe them. I am sharing my experiences with all of you just to increase your capacity in collective bargaining.
· Having taken a position as an office bearer of the union, shall we not devote time to acquire knowledge and lead the organization? This is the million-dollar question before us. We must conduct frequent workshops at all levels and educate the cadres.
· Leadership training must be given as frequently as possible to update their skills and knowledge. It is possible and also a must for the future functioning of the union.
· My only desire that we should possess more leadership at divisional level with more knowledge and leadership quality.
· We must encourage the youth in our group and the seniors should provide more chances, avenues and opportunities to the younger generation to come up and take the movement.
· Let us educate ourselves with full devotion, commitment and involvement and educate others also. Knowledge is power.
· Let us possess the power and fight the administration with uncompromised fight.
· Suggestions, comments and opinion on this work paper are most welcome.
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