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Queries Participated

JAYANTA KUMAR DAS   16 February 2024 at 21:10

Legal advice


Respected Sir / Madam,
I have following queries –
1. State Information Commission to dispose of my 2nd Appeal (RTI) called hearing just few days before lockdown started due to COVID-19. I arrived the Commission in time. But, because of any unknown reason, hearing was not happened. I was verbally informed that pending hearing will be happened later in a due date which will be informed later. But, till today no hearing is called. In last 04 months, I did write two registered letters to the state information commission praying an earliest hearing. They are keeping mum. Original RTI application was done in April, 2018, following 1st Appeal in time, 2nd Appeal to information commission was done on 01.10.2018.
Till today, I did not receive any information letter from any public authority also.
Without going to the High Court, which central government office/department can help me for an early hearing by the state information commission to dispose of the RTI application ?

2. In state government diploma engineering colleges, many Lecturers in different subjects were recruited violating the norms of the AICTE denying eligible one. They don’t have minimum qualification even for recruitment in such posts. All diploma engineering colleges in India must comply the norms framed by the AICTE. Which central government agency can investigate this illegality / scam ?
3. Examining authority of Diploma engineering system (autonomous body under state government) is not paying huge money in crores as remuneration for different examination duties to the different employees since 2009 or earlier. Which central government agency can investigate this scam ?
Thank you.

JAYANTA KUMAR DAS   05 May 2019 at 17:21

Can applicant represent own-self in hearing in tribunal ?

Respected Sir/Madam,
Can an applicant appear himself before a Tribunal replacing a hostile advocate ?
(Suit is going on).
If yes, what is the procedure ?
Thanking you,
Truly yours,
J.K.Das.

JAYANTA KUMAR DAS   06 November 2018 at 14:49

Lie/false statement in counter affidavit before court.

Respected Sir/Madam,
I had filed a court case on the demand of regularization of my service (last 15 years now) from contractual service as a lecturer in electrical engineering in a purely state govt. owned diploma engineering college. I was selected thro' a proper and due complete selection process in 2002 and appointed as a contractual lecturer in 2003. Selection process was as follows - Advt. in 1st class newspapers in different languages inviting applications for contractual lecturers - submission of applications along with copies of certificates and marksheets - screening of applications - issue of written interview letters and sent to the incumbents by govt. postal service - original credentials verified & interviewed done by interview board duly constituted - issued appointment letters after getting approval of finance department of Govt. of West Bengal. Now, the director on behalf of the state govt. side has already filed a counter affidavit in the Hon'ble West Bengal Administrative Tribunal (WBAT) strongly claiming that I never appeared before any type of interview board and my claim of interview is false and I should be punished and fined accordingly by the WBAT. But, still I have with me the original interview letter along with original cover/carrying envelope received by me thro' post office of Indian Postal Dept. Sir/Madam, how can I initate fitting reply thro' legal and proper process/battle against the director ? Please do advice me.
Thanking you,
I am,
Yours faithfully,
Jayanta Kumar Das.

JAYANTA KUMAR DAS   11 October 2016 at 13:31

Transfer matter.

Respected Sir/Madam,
I am a Contractual (renewable after every 6 months and can terminate any time) Lecturer in Electrical Engineering at Asansol Polytechnic (Govt. of WB) and now pay a remuneration of Rs.21,400/- p.m. (Basic Pay only).
From beginning of this job, I was posted at BPCIT (Govt. of WB). After 9½ years there, for nothing I was transferred to Asansol Polytechnic more than 3½ years ago. BPCIT was 200 kms. away from home and approx. 6 hours journey in one way in different modes and Asansol Polytechnic is 300 kms. away from home and approx. 8½ hours journey in one way in different modes.
I am from a very rural area. In both cases, I was/am bound to stay at working place alone.
Repeatedly, I did apply before, through proper channel (in both times) for a nearby posting without any good result. Almost all other contractual lecturers are either posted near to home or who were at somewhat away are transferred to nearby their homes.
From beginning we are paid remuneration equal to Basic Pay at that time only. Work load is very heavy.
I had written to the Hon’ble National Human Rights Commission. They replied with refusal to interfere as it is a service matter. Earlier West Bengal Human Rights Commission did not reply even.
In home, I have ailing father (80+), mother dead, wife (home maker), daughter (XII, Science) and son (class V). They are insecure at night and daughter very good in education lacking guide. Authority knows these very well through my transfer applications.
I am also over 50. As job situation in West Bengal is very very grim, I am not able to leave it.
If I move to West Bengal Administrative Tribunal (acute shortage of judges) praying nearby transfer, it will take very prolong time possibly without result.
May I move to suitable civil/criminal court praying justice to make an end of such type of gross harassment ?
Please do advice. Thank you.

JAYANTA KUMAR DAS   06 November 2015 at 22:26

Chit fund companies

Respected Sir/Madam,
Many people in my local area (villages of West Bengal) deposited/invested more or less lakh(s) of rupees each in different Chit Fund Companies depending on the reliance of main agents-cum-managements who belong to nearby areas. Those main agents-cum-managements assured the people verbally – “You know me, you need not know the company, you are giving me money, after maturity I must return promised money, I am the guarantor.” All the money was collected by them from investors’ home after many many times visit. Now, the owners of different chit fund companies are absconding and all offices (rented) are vanished. Each main agent-cum-management incurred crores of rupees, but denying any responsibility. Local police stations are not accepting any FIR or General Diary. In this situation, can the owners along with agents-cum-managements be sued in Sub-Divisional Courts or High Court to get back money ? Will the District Consumers’ Fourm Court do ?
---- JAYANTA KUMAR DAS.

JAYANTA KUMAR DAS   30 January 2015 at 18:15

Fir/general diary

Respected Sirs / Madams,
If a police station deny to accept any FIR or General Diary, can anybody send it through Speed Post or Registered Post in the form of application in plain paper ?
Regards,
Jayanta Kumar Das.

JAYANTA KUMAR DAS   01 April 2014 at 17:10

Sought no prior permission for two patents

Respected Sir/Madam,
I have queries as follows for experts' advices :
1. A Faculty member of a State Govt. Diploma Engineering College has two patents on his own elementary inventions. He did not take prior permission from his Govt. employer. He also did not take help of institute's resources. Now he wants to include these two patents in his service book for getting CAS (Career Advancement Scheme). Can the Govt. employer take any legal against him for not taking prior approval for applying for two patents ?
2. Can he commercialize these two patents without prior approvals of Govt. employer without any disciplinary action
against him ?
Thanking you,
Yours faithfully,
Jayanta Kumar Das.

JAYANTA KUMAR DAS   26 March 2014 at 15:16

Regularization

Respected Sir / Madam,
Few questions that can be asked to get valuable opinion of expert advocates :
(i) The appointment in pure State Govt. service, lecturers on contractual basis maintaining proper recruitment rules and process and through proper selection procedure (i.e. through advertisements in leading newspapers, at least one each in English, one in regional language clearly mentioning the essential qualification and experience required and selection of candidates through selection committee of expert members ). Is it in violation of Article 14 & 16 of “Constitution of India” and will it be treated as illegal entry or backdoor entry to any State Govt. service ?
(ii) According to Judgment of Uma Devi Case (Supra) on 10.04.2006, Department of Technical Education and Training (Polytechnic), Govt. of West Bengal is not in a position to regularize the service of lecturers appointed on contract basis appointed through above said selection procedure. Whereas Odisha Govt., Himachal Pradesh Govt. and many others have regularized the services of contractual appointees after 10.4.2006. So my query is : whether decision of those State Govts. are correct or justified or not based on judgment of Uma Devi (Supra) case on 10.04.2006 ?
(iii) Any genuine meritorious qualified SC/ST/OBC candidates who have accepted the appointment in State Govt. service on contract basis on six months terms with artificial breaks of 2/3/4 days and provided his/her total service for more than 10 years and are still continuing and there were no other alternative procedure of regular appointment conducted by the State Govt. and the candidates have crossed the age limit as per recruitment rules, then whether she/he have any right to demand for regularization of his/her service and to count the whole contractual service period in his/her service career in the power of Article 16(4), 45, 335 of “Constitutions of India” ?
Thanking you,
Yours faithfully,
Jayanta Kumar Das.

JAYANTA KUMAR DAS   28 January 2014 at 16:22

Regularization of state govt. jobs.

Respected Sirs / Madams,
Recently West Bengal State Govt. has regularized the jobs of the Contractual Dental Doctors by Cabinet Ministry's Decision. Normally recruitment is done in these permanent posts through State Public Service Commission.
The said Contractual Dental Doctors were recruited as Contractual by an interview committee other than State Public Service Commission. The State Cabinet Ministry took the decision of regularizing their services after 01/02 years as contractual. The matter is already materialized.
My query is - Is it fully legal ?

JAYANTA KUMAR DAS   12 May 2013 at 09:55

Regularisation of contractual appointment.

Respected Sir / Madam,
Is it possible to claim regularisation of my contractual appointment in the present days ?
I am working since 11.11.2003 as a contractual lecturer in a state govt. owned Diploma Engineering College. I have educational qualification according to AICTE norms.
Thank you.