Appointment by arbitrary power.

Manoj Deka (Querist) 02 August 2015 This query is : Resolved
Sir, one women got appointment under compassionate ground in a 4th grade post which was under metric post after one year she was engaged in a 3rd grade post for which minimum E.Q required matriculate, she completed 17 years in the 3rd grade post, after 17 years department ask her to submit HSLC pass certificate she said i am not matriculate than she was put under suspension and a criminal case was registered stating that she provided false certificate, she appeal HC, HC quashed the FIR and stated that she canot be tried for an act which she did not do parallelly she appeal before the AT for her reinstatement the AT reinstated her in the same post from which she was put under suspension stating that after 17 years of service she was asked to produce EQ certificate further the AT stated that subject to the out come of the decision of the H.C. Now AT called the Service record from the HC and found a typed written certificate of HSLC which the women never deposited to the authority which was proofed in the HC.

Now what decision can be there in AT. Please suggest advice if any argument are there for favour or disfavour of the women.

Thanking you in anticipation.

Follow Query

Report Abuse

P. Venu (Expert) 04 August 2015
Is she telling the truth?

Guest (Expert) 04 August 2015
Mr. Manoj Deka,

First of all, you should mention, as a proprietor of some firm (as per your profile), how you are related with the problem in any way.

Secondly, your question, "now what decision can be there in AT," is quite vague, as neither the LCI members are astrologers to predict the decision of the judge, nor the judges can be expected to make decisions with the permission of or intimation to any of the LCI members.

Thirdly, you should make clear how the decision is going to affect you, when you are not an employee of the Government, as per your profile?

Guest (Expert) 04 August 2015
Venu ji,

Description of the query clearly indicates about some hypothetical query framed quite unintelligently.

Manoj Deka (Querist) 04 August 2015
Respected Expert Dhingra Sir, I am a contractor in individual capacity I don't own a firm. I did not know that, to ask expert view a firm is required. I am related with the problem because I know her since long and I am her well-wisher and sure that she is innocent. Even though the decision will not make me any direct effect but there are humanitarian ground to take part in someones sorrow. her husband was killed by militant since then she is suffering a lot with her child, she has a very few option to express her fillings amongst them my family is one thus I am related with the matter. I know that advocate are not astrologer therefore I said "Can be" one can predict from their experience if he/ she is really expert. And of course it is obvious to be unintelligent query since I am not expert.
Thank you Dhingra Sir and P. Venu Sir for taking part in my query and hope you will guide me.

Guest (Expert) 04 August 2015
Mr. Deka,

It is good to be smart, but trying to become over smart exposes a person when he thinks as if others are merely idiots.

If you don't own a firm, was there any specific reason for you to falsely showed yourself as a proprietor to mislead the experts? Your profie does not even indicate, if you are a contractor, as you have stated now. As per my belief, you are neither a proprietor, not a contractor, but just a law student.

Further, your description is quite unbelievable, as Shri Venu correctly raised finger on the truthfulness of your story.

A vital question arises, when she has already fought her case in the HC through some lawyer and also filed an appeal in the AT, was not her lawyer able to tell her what decision of AT can be there?

You are expecting experts to predict without goiing through the case, but merely on your hypothetical description, while the facts of the case would have been at the tips of her lawyer. So, her own lawyer would have been in a better position to foretell you about what would be the decision of the AT. SO, WHY YOU FAILED TO ASK THE QUESTION FROM THAT LAWYER? IF ASKED, WHY YOU HAVE NOT MADE ANY MENTION OF HIS OPINION HERE?

So far as your statement, "one can predict from their experience if he/ she is really expert, is concerned, if you believe that the real experts should necessarily be the astrologers, you are free not to treat anyone at the LCI as real expert. At least I am not an astrologer. I believe only on facts, which as per my guess, your hypothetical description does not contain. So, you may better go to some astrologer to ask your qustion.

However, if you assert that yours is a real case, you may better send scanned copies of the judgment of the HC as well as the petition in the AT to me through email at: dcgroup1962@gmail.com, for detailed examination and analysis to enable me to express my opinion only after examination of the case. If you fail to send the requisite copies, that itself would prove that you have put forth only hypothetical description of the case.

Biswanath Roy (Expert) 05 August 2015
Mr. Dhingra's posts manifests his legal skill and superb intelligence in dealing with the subject query which I appreciate.

Guest (Expert) 05 August 2015
Biswanath ji,

I am quite thankful to you for your appreciation and endorsment of my views.

Manoj Deka (Querist) 05 August 2015
Respected Dhingra Sir, I have sent you the HC and AT order at your given address i.e adcgroup1962@gmail.com
My Proprietor firm is for purely contract works not a lawyer firm I meant it for lawyer firm. I am 44 years old contractor not a student if I could be a student.

Guest (Expert) 05 August 2015
Mr. Deka,

When you use WRONG email ID, as adcgroup1962@gmail.com, instead of my correct ID, dcgroup1962@gmail.com, had ever been visible along with my name. Now don't try to blame that I have changed my email ID, just about two hours ago. If my earlier email ID was not readily available with you at the time of your post, you could well have used my present email ID: dcg.charity@gmail.com, which is also readily visible along with my name.

Just imagine, how your documents would reach me, when you use a wrong email ID. If you really mailed me the documents and email has returned back, you may better forward that returned mail at my present email ID: dcg.charity@gmail.com, so that I may also see, if you really posted the documents two hours ago.

Manoj Deka (Querist) 05 August 2015
Respected Dhingra sir there is a message from google as follows

Delivery to the following recipient failed permanently:

adcgroup1962@gmail.com

Technical details of permanent failure:
Google tried to deliver your message, but it was rejected by the server for the recipient domain gmail.com by gmail-smtp-in.l.google.com. [2607:f8b0:4003:c05::1b].

The error that the other server returned was:
550-5.1.1 The email account that you tried to reach does not exist. Please try
550-5.1.1 double-checking the recipient's email address for typos or
550-5.1.1 unnecessary spaces. Learn more at
550 5.1.1 https://support.google.com/mail/answer/6596 qb2si2486468oeb.50 - gsmtp

----- Original message -----

DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
d=gmail.com; s=20120113;
h=mime-version:date:message-id:subject:from:to:content-type;
bh=MaPpHP9V6eTnIeNYg+/Hbj1x/xQNxRGM2tAfOim0sg0=;
b=ITaiirCK+PqaEZsuCQehtm7uNYVUITAL3muCuTe1Jlp/YTI+lwC9j+zeI3vC6Mz8D0
h6+FAqS62NhZCc0PbWFdDjj7y3t0+75pyusWZNuZF8wY6R4fGDtceKkiFGxXLo8dTAVU
ZMcaz/2nS4W5IPaOBo7+SUBhw5qRPjKguK1sT1sqOrpgwReS98+PwN5D0r9lkLoa2fag
bS2PtoU6hXyWxo5UTJMUp2EHP/EpvuCSJ/D997Uh7io787EH0azT2TFGEJgHFixLAvVX
UPvG56LJXfaWuN/KeZnKZ7w8xkFpC5LcZhBR1lONa4cboEWL+1cnXIM+EpTKp+jZhrBJ
/3PA==
MIME-Version: 1.0
X-Received: by 10.60.142.170 with SMTP id rx10mr9041786oeb.28.1438796333887;
Wed, 05 Aug 2015 10:38:53 -0700 (PDT)
Received: by 10.202.83.85 with HTTP; Wed, 5 Aug 2015 10:38:53 -0700 (PDT)
Date: Wed, 5 Aug 2015 23:08:53 +0530
Message-ID:
Subject: Arbitraru appointment
From: Manoj Deka
To: adcgroup1962@gmail.com
Content-Type: multipart/alternative; boundary=047d7b16351562b6b6051c93e0e4

Respected Dhingra Sir, I am sending the HC and AT order for your kind
perusal as adviced by you on LCI site. Sir I want your guide because
neutral observation are required. Her appeal copy is consist of more than
forty copies so could not be uploaded however if required I shall send you
latter on.
A.T. Order.tif

HC Order.tif

Manoj Deka (Querist) 05 August 2015
OK sir I have sent you again in your given mail id. Previous I just copied and pasted dont know how (a) was there. Now I have posted to
dcg.charity@gmail.com

Guest (Expert) 06 August 2015
Mr. Deka,

Instead of sending the scanned copies of the original orders, you have sent scans of merely the photocopies of orders, as if supplied to law students in classroom for drafting the arguments in favour and disfavour of the petitioner.

Further, when you have ventured to send the so called documents at our own email ID (not accessible by any outsider), was there any specific reason for hiding the introductory particulars, like the case No. with year, particulars of the applicant and the respondents in the judgments?

Still further, where is the petition as made in the AT, as I asked you to send, on the basis of which you expected the experts to predict "what decision can be there in AT" and to "suggest advice if any argument are there for favour or disfavour of the women." It is not understood, how do you expect any one to advise about the arguments for favour or disfavour of the woman in the absence of the contents of the main petition?

Still further, if being an individual contrator you are not the lawyer for the petitioner in the case, how do you propose to defend the case in her favour on behalf of her own lawyer. IS HER LAWYER TOTALLY INCOMPETENT TO JOT DOWN HIS ARGUMENTS IN THE CASE?

STILL FURTHER, what is the specific reason in your SEEKING THE ADVICE/ ARGUMENTS IN HER DISFAVOUR, when you can be supposed to be her sympathiser only?

Biswanath Roy (Expert) 06 August 2015
@ Learned Mr. Dhingra sab,

Sorry to intervene in the matter. Under such cases by third party's interest, I generally instruct third party to send all case papers and documents to form my opinion and direct him to pay me professional fees for which I am entitled to. If the querist is really interested in the case he comes forward and comply with my requisition but if he is otherwise a fake one he vanishes from the scene immediately after.

Manoj Deka (Querist) 06 August 2015
Respected Dhingra Sir,HC order is original scanned copies and AT order copy is of course scanned from photocopy since I dont have the original one right moment. yes other details such as case No. Name etc were hidden coz the women objected to do so when I called and ask her permission, Her final order from AT is to come within a few days this concealed were done at per her request and the petition made in the AT is voluminous so it will take time to scan but sir definitely I will send you the same, sir I have not seen till today asking for the whole petition copy to any quirest for expert comment. Sir her lawyer is very much competent therefore she win the HC case since this will be the final outcome from the AT for her service so we are trying to support and convey some positive message to her lawyer which we expected from this august forum. Reason to seek advice is that nowadays the world is of I.T world one can easily access information/ knowledge from IT world therefore me too take the opportunity from this world. Perhaps very few people of India has the internet access if I can help someone from my part then what is wrong. I have learn to give without any interest but in return I get immense pleasure without wanting it.

Manoj Deka (Querist) 06 August 2015
Respected Biswanath Roy Sir thank you for your above post, this is a very good professional attitude. of course we query seeker want a professional advice in details which is not available in most of the lawyer whom we engage for counsel. most of the lawyer says we will win the case opposite lawyer also says they will win the case both cant be true so we want expert guide whether that may be paid or free service.

Guest (Expert) 06 August 2015
Learned Shri Biswanath ji,

I fully agree with your thought perception. Of course, as a sympathiser of the lady, he should also be ready to afford adequate fee for consultation in such a complex case with huge bundle of documents to be examined, if he is really interested to help her.

I just wanted to see to what extent he is truthful. But, he is still trying to be oversmart, when pointed out about scans of photocopies, as if I won't be able to identify, which is the scan of original document and which is not.

Futher, when he believes "her lawyer is very much competent" why as a third party he felt the need of seeking help from outside for her case in the administrative tribunal, when he claims that her lawyer has already won the HC case for her.

Still further, it seems to be quite funny if he seeks advice/ arguments in the case to help her lawyer, when he is totally unaware of the contents of the main petition, as he confessed, "I have not seen till today." Had her lawyer been desirous of any help through this forum, he could well have come forward with appropriate description of the case.

Also, in his reply, he has not quoted any reason for seeking arguments in her disfavour, when I have asked, "specific reason in your SEEKING THE ADVICE/ ARGUMENTS IN HER DISFAVOUR.

Guest (Expert) 06 August 2015
Mr. Deka,

OK, if you are really interested to help the lady, you should also be ready to pay my initial processing and consultancy fee while forwarding copy of her petition. I shall give my final opinion on the case only after receipt of the copy of petition as well as my consultancy fee.

Manoj Deka (Querist) 06 August 2015
Respected Dhingra Sir, No where I said "I have not seen till today" I said it is voluminous along with all Annexure coz 17 years service correspondence are with the pitition and it is obvious that disfavour argument will help us to prepare for defend, it should be simple to understand to an expert.Further the time for her AT hearing is too short so right now no time to meet personally and consult professionally with you because we live fare way from each other so thank you for your kind consideration. Now you dont say that you can send it by mail and deposit fee online etc. I know that to engage a lawyer there are certain procedure for which physical present is must.

Further I shall upload in LCI all the document which I have sent to you for verification of other member of LCI after outcome of the AT order.

Biswanath Roy (Expert) 06 August 2015
Happy to learn that you are adopting correct policy Learned Dhingra sab. In this connection I need mention here that in my boyhood while I was watching monkey tricks on the road I found a big gathering there but after first round show when the
keeper asked money most of the viewer those who were assembled to enjoy undue benefit out of it and off course free of charges were fled quickly as if they had urgent business to attend. From that incident I learnt something.

Biswanath Roy (Expert) 06 August 2015
@ Manoj Deka,
It is my pleasure to learn your actual desire. Yes , I do agree I am out and out a professional because I acquired my knowledge to a high peak by spending several lacs of rupees which I do not give to any body excepting pecuniarily backwards who cannot afford to pay legal fees to a Senior like me. But in my practice I do not accept a single rupee from my client if I fail to bring a successful order for my client. Forecasting to win a case is possible only when the Advocate has farsightedness and foresightedness and possess vast legal knowledge and experience but those Advocates are out of the reach of ordinary people. If you feel difficulty to send heaps of case papers to Mr. Dhingra you may send those by couriers also. But what I UNDERSTOOD FROM YOUR NUMBER OF POSTS it will be better if you can ask for a written opinion with case laws from the Counsel paying his usual professional fees.

Manoj Deka (Querist) 06 August 2015
Respected Roy Sir you are very right monkey tricks works almost nowhere.

Guest (Expert) 06 August 2015
Mr. Deka,

Of course, there is no doubt now that you have the fun of proving oversmart by the jugglery of words to prove any one wrong even from whom you seek help. Even your own arguments prove that you are a law student, not a contractor or a proprietor.

The fact is that I pasted only your words in quotes, which seems to have now been aptly edited, as "sir I have not seen till today asking for the whole petition copy to any quirest for expert comment."

So far as your statement is concerned, I also do not call for the whole petition to unduly waste my precious time for merely charity service. But, since, you tried to prove oversmart, I asked you to provide the copies to make me sure, how far you are sincere towards the members of the LCI from whom you have sought for help.

Aboout your vague justification on advice on disfavour of the petitioner that can only be asked in solving an academic prolem, not by any person who intends to help someone.

Anyway, it is irrelevant for me if you upload or not in LCI all the documents for verification. But the fact is that you have not been able to convince me about your story, as there are several other questionable issues in your posts.

About your plea, "right now no time to meet personally and consult professionally with you because we live fare way from each other," I have never asked you to meet personally. If you have attached copies of the two douments, you can well send the copy of the petition also through email for consultancy.

Anyway, wish you the best, if you really have volunteered to help the lady.

Guest (Expert) 06 August 2015
Respected Biswanath ji,

I also share the same views of having seen the monkey tricks in my childhood also. It proves to be true in this case also, as on one hand, the querist says, "we want expert guide whether that 'MAY BE PAID SERVICE' or free service and also appreciated your quote about monkey tricks, but on the other, he has also tried to vanish away with the plea of too short of time.

Manoj Deka (Querist) 06 August 2015
Of course there are shortage of time the fact is fact you may believe or not time will prove when I shall upload the whole document till then by and thank you all for giving your precious time.

Manoj Deka (Querist) 06 August 2015
Respected Dhingra Sir in one of your post u said u need all ur fee then only u will put ur comment while I denaid because shortage of time u made u turn stating u r busy thus I also can point u out many lowfault in ur writing but this is not my job .

Guest (Expert) 07 August 2015
Mr. Deka,

I never said anywhere that, with reference to the case related documents, I would exmine your case free of cost to express my opinion inthe case with specific reference to your query.

Contrarily, you made u-turn to pay any fee for examination of the case on the plea of shortage of time with you.

Anyway, what is the next date of hearing or for arguments, giving due reference to the cause list of the concerned court with name of the petitioner, respondent and the lawyer of the case to enable me to verify fact.

T. Kalaiselvan, Advocate (Expert) 12 August 2015
The author may follow the suggestions made by experts more particularly Mr. Dhingra.

Guest (Expert) 12 August 2015
Dear Author Whether Your Query is Still Open

Appointment by arbitrary power.

Similar Resolved Queries :

Download LCI APP

Our Network Sites