KIRAN_DASS
16 April 2009 at 19:49
My friend had government accommodation in New Delhi. He surrendered the same to the Estates Office. After 7 months of its surrender, the administrative department extracted an "forced admission" that he had sublet the govt.accommodation. Based on his admission disciplinary proceedings were conducted against him and major punishment was awarded to him.
As per allotment rules, the Estate Office has all powers in relation to the subletting and cancellation of the govt. acc. If the Estates Officer finds proved subletting based on report of the empowered authirities under the Rules, a report is sent to the administrative department under whom the allottee works for taking disciplinary action against the government servant for misconduct i.e. subletting of govt. acc.
Whereas in this case, no enquiry was conducted, no proceedings were held, no report was sent to the administrative department. But the administrative department at its own sweetwill conducted the proceedings under the Allotment Rules and ushuruped the powers of the Estates Officer and simultaneously held disciplinary proceedings against the government. The major penalty under the rules was awareded to the govt. servant.
The Question is "Whether the administrative department is competent to take proceedings only on "admission" which was extracted under threat. But the government servant is so fearful that he could not say that the "admission of subletting was obtained under threat". Could the court still hold him guilty in spite of the fact that the administrative department had no legal jurisdiction under the Allotment Rules.
Nilesh Shah
16 April 2009 at 15:43
Dear Sir,
I m credit manager in bank. If bank is funding against of property in name of Trust on which Educational Institution is runing whether bank will be able to repossess easily the said property in case of default by Trust/Society?
If No, what can be remedies bank can take at time of finance?
What are reasons (Is there any Law barring to do so??) under which law?
Apurva Kumar
16 April 2009 at 08:22
Dear members,
I hv a query regarding juvenile that ; as v al kno that all the trial which includes juvenile hv to b completed within 6 months suppose if the juvenile completes the age of majority within the custody in which he is staying i.e chid welfare home will he b sent to normal prision as he attains the majority?(though trial is nt compltd) any clue in support with judgement.
Regards!
allurisivajiraju
15 April 2009 at 22:06
Respected Seniors,
Mr. 'X' is working as sales man In a Primary Agricultural Co-Operative Credit Society. President of the said Society has some political grudges against Mr. 'X' and he wants to remove him for his duties. So recently 4 months back the Said President issued a notice to Mr. 'X' discloses that " behavior of Mr. 'X' is not proper towards formers hence Mr. 'X' is suspended from his duties till further orders".
But Mr. 'X'waiting for his job from 4 months. But no reply was sent to him from the President. Eventhough the society was not conducted any enquiry against Mr. 'X' for his alleged behaviour. Actually Mr. 'X' is a poor person and his entire family is depending on his salary.
In the above circumstances what is the remedy available to Mr. 'X' for getting his job and 4 months salary of his illegal detention from his duties.
Please suggest me as early as possible.
Thanking You in advance.
basheer khan
15 April 2009 at 11:56
respected sir
the after the death of the deceased employee, the employer stop the payment of the gratuity to the wife of the deceased. my question is can the employer has a right to stop the payment of the gratuity to wife of the deceased? please suggest me if any recent decisions in this regard
Sarvesh Kumar Sharma Advocate
14 April 2009 at 20:19
hi
a person is very ill,he is unable to walk and also now he is kept under medical trietment,and he want to make his will but he is unable to go to the ragistrar office and he can make his will on a plane paper. is plain paper will has value?
shalini
12 April 2009 at 21:22
i am from surat stating in a 4 storeyed building having 8 flats in all. we have so far not formed any co-op. society as such. we have been staying here from the last 6 years. we have received a notice from the city talati's office that according to the revised rate, we have to pay an amt. of Rs.12495 (land mehsul revised rate) and Rs.3305 (education charge). this is for the last 18 yrs. and the notice is in the name of the original landowner. my question is who is responsible or the payment--whether it is the builder from whom we purchased the flat or dowe have to pay it?
kumar
12 April 2009 at 18:12
iam joined in the indian army as soldier gd trainee in 2003. after 29 days of joining i quit from the training centre without the permission because of icannot adjust the military life. when i was escaped from the military without the permission my training not started. now iam trying to get a new job in the indian civil service or to become a candidate in the panchayathu election. have any problem for me to not getting the legal discharge from the indian army. now i am suffering a lot for the dicision i was taken in the the age of 19 without proper knowldge. please give a reply very soon if i have any problem to join any govt job or to become a candidate in the panchayathu election please give me advice to get legal discharge from the indian army without any problem.
PRAKASHCHANDRA MARU
12 April 2009 at 13:41
Respected sir,
my client's fateher was servicing as lascer in the air force after the death of the said fellow his son appled for the compensatiate service airforce passed his sanctioned and offered D catagory job but myclient denied and demanded the C catagory then airforce did not given any co-peration so my client went in the tribunal at ahmedabad tribunal has been given directions to do proper within three months of the order of tribunal but after the 3 to 4 year airforce replied that ur application does not comes into the pervie of merits hence ur application is rejected now what i have to do ?
can i do application in the highcourt for the contempt of the court in the tribunal for the not following the order within stipulated time?
can i go to high court against the order of the airforce ?
please give me reply thankin u in advance
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