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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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c k gupta   11 December 2012 at 10:53

Resign through proper channel

Sir
I am a government servant and i want to resign my job to join another government job in same grade pay. Plz help us what is the procedure? Is it possible? What is the Law for this matter?

Vipul Somani   10 December 2012 at 22:29

Service matter departmental inquiry

Sir,
In continuation of my earlier query to which Adv, Dhingaraji replied. I would like to give more details of it.
I am serving at a statutory University.
The disciplinary authority is Syndicate (Executive Council). Chargesheet was given to me by Registrar, without the approval of Executive council.
I had made representation to the Vice Chancellor and the Executive Council. They did not respond to it.
Similarly as per University Ordinance the inquiry committee shall consist of a member not below the rank of a teacher against whom the inquiry is to be conducted.
There were five persons inquiry committee. Two of them were the members of EC and two were practicing lawyers.
I had made representation against the same to VC and EC but in vail.
The Registrar has produced fales documentary evidences before the committee. I have again represented to VC and EC.
Now I want to know whether Registrar can be sued for giving fales evidence, giving chargesheet without having authority to do so and the University for mentally harrassing me?
Kindly reply.

Vipul Somani   10 December 2012 at 18:36

Service matter departmental inquiery

Sir,
I am facing departmental inquiry. The chargesheet issued to me was by a person not competent to do so. The constitution of the committee was also violating the rules of the institute. I had challenged both these issues prior to begining of the inquiry and also at various stages of the departmental inquiry.
During the inquiry many of the documents presented by the institute were forged and I had challenged it. Without considering my challenge the inquiry proceeded and had submitted its report which I think will be against me.

What can I do to challenge the report and for giving fales evidences against me for implicating me at the departmental inquiry?

seema chakrabarty   10 December 2012 at 15:48

Service matter

I was selected through UPSC as Asstt. Director (Gp. A post) in FIU on deputation basis. Presently I am working in Gp. B post. My deartment did not stop me through the selection process but when I was ultimately selected they refused to relieve me. After exhausting all possible steps I filed an OA in the CAT, New Delhi.
The CAT's Order was in my favour. It directed to implement the Order by relieving me within 4 weeks from the receipt of the Order. My office decided to file an appeal in the High Court. The CATs Order was received by my office on 30.11.2012. Till 30.12.2012, my office did not file the appeal. On 6.12.2012, I filed an contempt. Now on 10.12.2012, my office have requested the Hon'ble High Court to give a Stay Order on CAT's decision. Now I am apprehensive that whether my contempt will stand on any ground or a stay will be allowed by the High Court? Wont I get justice as I was selected for this post on my merit.

visu   10 December 2012 at 11:51

Lawyer vs. advocate

Experts,
Pl. explain
Is there any technical meaning/definition in the Act for Lawyer and Advocate
Is nature of responsibility of both are same; how do they differ.

JOY JYOTI DEY   09 December 2012 at 23:19

Is it possible to marry a girl from bangladesh?

I am JOY JYOTI. I love a girl from Bangladesh. Our friendship starts from Facebook. My family doesn't agreed with my love. I am 24 yrs old as well as she. Is there is any problem in our registry marriage in India.? What r the necessary things or documents requires during registry? Is there any problem after registry marriage? Will we go together outside India? Pls suggest.

salman khan   09 December 2012 at 22:49

Duty of police during off duty.

if there is crime happen in front of police, but police not have on duty, in that case whether police have a right to file case of that particular crime.

swetha   09 December 2012 at 17:54

Regarding a stay order

there was a lease deed between a petroleum company and the 3 are the lessee and 14 are the lessors and is the agent who actually a mediator for the lease deed.. 3 lessees r running the petrol bunk n.. later an issue came up between the 7 lessors n the 3 lessees regarding regarding payments of rent and 5 out of 7 lessors filed an suit in the court and won the matter and an ep is executed which is also in favour of those 5 lessors and now petroleum company has taken a stay against that ep and all 14 lessors so that they dont create any problem for the petroleum company.. now i want to know what can the 2 out of lessors do to get a relief against the lesses regarding the recovery of rent.. and how is this stay order favourable to this 2 lessors

Anandakrishnan V Iyer   09 December 2012 at 15:51

Indian electricity act

22/11/12

Dear Respected Sir

During March 2012 I received provisional bill from Maharashtra State Electricity Distribution Co. Ltd (MSEDCL)

( Claim against civil liability ( Asessment) of theft of electricity as per Indian Electricity Act 2003 u/s 135 and Compounding Charges.

At the same time my old electricity meter was changed to Electronic Meter and I had to also pay the new meter cost. I paid the provisional bill and compounding charges promptly by cash on receipt of the bills.

It was quiet a shocking allegation against me as in our Society we do not have access to the meter room without the permission of the secretary.

Aggrieved by the false charge against me and giving no time for me to prove my innocence as I have to make the payment within 3 days as it is a non-bailable offence I made the payment promptly.



I filed application under RTI on 21/4/12 asking the following questions

1. In residential premises situated under Co-op. Housing Society the individual house tenants receives monthly bills from M.S.E.D.C.L. alongwith the unit rating displayed vide photo embossed on the bills.
2. Kindly advice while taking such photos indicating the current reading as on the date and time, whether the meter reader also checks the integrity of the seal placed on the meter since the meter is the property of the M.S.E.D.C.L.

3. Kindly advice the frequency with which such meter installed for domestic consumption measurement are to be calibrated?
4. Kindly advice as to who is responsible for undertaking such calibrations?
5. Kindly advise me as to how you have come to the conclusion of theft case which is in

the custody of the M.S.E.D.C.L. and nowhere in the past seal tampering was brought out to our attention?

I received reply from MSEDCL on 12/7/12 as follows

1. The photo meter readings are taken by persons of outsourcing agency deputed by MSEDCL. They have allotted work of only monthly photo meter readings of meter.

2. The outsourced agency persons are allotted only for photo meter reading and not for checking.

3. As and when required after giving an application and payment of testing charges of meter by consumer the meter will be checked by the employees of MSEDCL for calibration and checking of meter.

4. The flying squad have detected the theft case on the consumer.

( Report prepared by flying squad, assessment sheet and spot inspection report were enclosed) in the reply

I filed application under RTI on 27/7/12 asking the following questions

As per Regulation 14.4.1 of Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005, the distribution licensee is responsible for the periodic testing and maintenance of all consumer meters. I am staying in this house from August 2003 onwards.

Please let me know how many times the periodic testing and maintenance of my meter was done. If done, kindly provide me the test reports for the same.

I have paid the necessary fees for testing of my new meter on 03/03/2012. As per Regulation 14.4.3, the meter test report should be provided. Till date I have not received the test report of my meter.

I received reply from MSEDCL on 6/10/12 as follows

Your old meter was not accuchecked previously and the testing reports pertaining to meter is not available with this sub-division office. The new meter installed was checked in your presence by concerned employees. The report of testing is enclosed

I filed application under RTI on 9/10/.12 asking the following questions

In response to my RTI application filed on 27/7/2012, I have received reply stating that the old meter has not been checked previously, clearing violating Regulation 14.4.1 of Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005.

In this regard, kindly advise me as to how you have come to the conclusion of theft case which is in the custody of the M.S.E.D.C.L. and nowhere in the past seal tampering was brought out to our attention? As a result I have been forced to make a payment of penalty and compounded bill .

Please refund me the amount paid by me alongwith interest.

I received reply from MSEDCL on 25/10/12 as follows

The meter was tested during periodic checking by flying squad. There is no violation of any regulation by the company.

Regarding the theft case detected all the documents are already provided. As the payments made are penalty against theft case as per rules of I.E Act 2005 detected it cannot be refunded.

I request your honourale goodself to guide me in this matter.

Anandakrishnan V

Thane 400601, Maharashtra

22/11/12

Note Whatever I have written above are from the communication I had with MSEDCL and also from their reply it may not match exactly word to word but will serve the purpose of information.

pranav bakshi   09 December 2012 at 09:53

cititation of cases where bail was granted under sec375, 511

sir, please send me the citition of some cases or bail applications if any, where bail was granted under section 376,511.