Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fir

(Querist) 23 November 2014 This query is : Resolved 
RTI has been recently introduced what remedy does law have here-before , as i have likewise problem . my boss has some personnel rift with me . when i asked for earned leave , he stated "LEAVE CANNOT BE TAKEN AS A MATTER OF RIGHT " UNDER SERVICE RULES . upon which i said on medical grounds the clause is not applicable " upon which He threatened and warned me that "HE WILL KILL ME AND MY FAMILY " i went to police station for safety i filed the application for recording FIR but they remained biased till date because my boss having close friendship with the Minster of state therefore police giving edge to my boss ,, give me the remedy
Shahnawaz (Querist) 23 November 2014
i have problem . my boss has some personnel rift with me . when i asked for earned leave , he stated "LEAVE CANNOT BE TAKEN AS A MATTER OF RIGHT " UNDER SERVICE RULES . upon which i said on medical grounds the clause is not applicable " upon which He threatened and warned me that "HE WILL KILL ME AND MY FAMILY " i went to police station for safety i filed the application for recording FIR but they remained biased till date because my boss having close aqiuitance with the Minster of state ,, give me the remedy
Sudhir Kumar, Advocate (Expert) 23 November 2014
you do not have the courtesy to tell the forum as to which organization you are service whether govt or not whether state or center whether deptt or psu.

what advise can be give in such vagueness.
Guest (Expert) 23 November 2014
Mr. Sudhir,

When the querist is not in service how he would be able to say where he works.

HE IS A STUDENT.
Guest (Expert) 23 November 2014
Mr. Shahnawaz,

Law does not have any remedy for students, when they do not prefer to concentrate on their course material & law books to study the provisions of law and are incapable to answer their academic questions at their own.
V R SHROFF (Expert) 23 November 2014
ACADEMIC QUERY BY STUDENT
ajay sethi (Expert) 23 November 2014
academic query
Sudhir Kumar, Advocate (Expert) 23 November 2014
Yes I do agree with Mr Dhingra that as per his profile he is student5.

In all probability either he has not changed his profile or he is being consulted by someone and he without being aware of the subject wants to borrow advise from this forum without himself being aware of the facts.
Guest (Expert) 23 November 2014
Mr. Sudhir,

For whomsoever he would be seeking solution, but can you believe that his boss would have uttered such an unbelievable threatening statement, "HE WILL KILL ME AND MY FAMILY" and for what personal interest or enmity of his boss?

Doesn't that seem to be quite a hypothetical and vague statement just to give a legal colour to make an academic query for students to solve?
Rajendra K Goyal (Expert) 23 November 2014
In the office the boss must be given due respect and importance to maintain discipline in the institution. You have tried to argue unduly on leave matter without applying sick leave with acceptable medical certificate in case of need. You went to police on a matter the base of which was started by you. In such circumstances, no boss would remain impartial. Better change the service if you are unable to pull your boss on your terms and conditions.

Even your boss is more seasoned as he has not proceeded to initiate disciplinary action against you on false matter, or due to his close friendship with high ups, has not got you arrested on made up grounds(like you have gone to police on so called threat of murdering your family) , which he could have done in present situation.
R.K Nanda (Expert) 23 November 2014
no more to add.
Sudhir Kumar, Advocate (Expert) 24 November 2014
@ Mr Dhingra.

I know one boss may not threaten to kill family of the accused.

But at times there are situations when someone may be on a supervisory post, politically connected (may be even political appointment) and lacking etiquette. I have seen such persons.

On the same time the details of the employment are neither there on thread nor on the profile so that possibility of the query being hypothetical cannot be ruled out.


So better for the quesrist to come out of the facts so that further views can be expressed.
Guest (Expert) 24 November 2014
Mr. Sudhir,

Your assumption, "But at times there are situations when someone may be on a supervisory post, politically connected (may be even political appointment) and lacking etiquette. I have seen such persons" indicates, probably you prefer to rely on vague suppositions without getting hold of full background of the case.

A question arises, except a totally mad person, why a boss would try to kill or even make threat to kill the employee and his family merely with the reason of asking for leave?
Sudhir Kumar, Advocate (Expert) 24 November 2014
I maintain

"But at times there are situations when someone may be on a supervisory post, politically connected (may be even political appointment) and lacking etiquette. I have seen such persons"

I have seen such persons.
I have faced such persons.
I have tackled such persons.

Some persons do get upset when the subordinate is upright or not communally biased.

My experience or IQ may not be as large as Mr Dhingra but it cannot be there that I have not seen an example like this one.
Guest (Expert) 24 November 2014
Mr. Sudhir,

Nice to note your firm conviction when you say, "I maintain," till now you have not provided any solution to the author for his problem.

If you have seen such persons, faced such persons, and tackled such persons, who could make such a nasty statement officially, and also beieve that the author's query is not an academic one and represents only the fact, you should also have come forward with some cogent solution for his problem, instead of agreeing with me and even after seeing the profile of the author, as per your earlier statement, "Yes I do agree with Mr Dhingra that as per his profile he is student."

Must help the needy fellow even in filing FIR, as your unstinted support through your various explanations on behalf of the student not only indicate that you believe the statement of the author, but also tend to contradict your own earlier statement by agreeing with me. Contrarily, the author of the query has conveniently adopted complete silence to clarify his position, as he has found a staunch supporter in you to presume anything and everything for and on behalf of him as you assumed through your statment, "in all probability either he has not changed his profile or he is being consulted by someone and he without being aware of the subject wants to borrow advise from this forum without himself being aware of the facts".

In fact, you have not come forward with any solution, except expressing about probabilities and presumptions in all of your four posts. The fellow must be waiting for help/solution atleast from his staunch believer! Please do help him. At least I don't prefer to help those easy-going students, who do not want to concentrate on their study material and course books and expect that the members of this forum should solve their academic problems on their behalf.

Anyway, thanks for maintaining your stance, but facts may not change even on your Resolute & stubborn maintenance!
Shahnawaz (Querist) 24 November 2014
I HAVE BEEN APPOINTED UNDER THE sro COMPASSINATE GROUNDS BUT I AM PURSUING FOR LAW ALSO .... GIVE ME THE LEGAL REMEDY PLEASE ,,, THE SITUATION IS 100% TRUE HOW
Shahnawaz (Querist) 24 November 2014
WHEN A LAWYER PLEADS THE CASE HE ALWAYS CONSIDER CLIENT AND HIMSELF ONE
Sudhir Kumar, Advocate (Expert) 25 November 2014
@ sHAHNAWAZ

Please confirm if you are the same person who quris at

http://www.lawyersclubindia.com/experts/HUMAN-RIGHTS-VIOLATION--509361.asp#.VHPW5GeO5G0

http://www.lawyersclubindia.com/experts/LEAVE-RULES--509366.asp#.VHPXa2eO5G0

If so then put the facts in understable manner.

Please clearly state :-

when did you fall sick.
who recommended medical rest
when did you apply for leave
when did you submit medical certificate
when did you receive the communication of challange of medical certificate.
when did you join.

You appear to hve already complained to the human rights commission.
Sudhir Kumar, Advocate (Expert) 25 November 2014
scattering facts on different threads is to your loss as the experts may not be able to understand the entire case.

So consolidate facts on one thread unless putting experts for examination.
Shailesh Kr. Shah (Expert) 25 November 2014
Dear Mr.Shahnawaz,

as advised by expet Mr. Sudhir Kumar, you should consolidate facts on one thread.

and also remove repeated post.
T. Kalaiselvan, Advocate Online (Expert) 26 November 2014
Thus, the author has been advised to come out with the facts as it is so that he may get a proper opinion to tackle his present crisis


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :