Raj Kumar Makkad
01 January 2012 at 13:11
"Happy New Year 2012" kahne se pahle .....
ek baar yaad kijiye .....
kya aapne kuchh samay pahle....
friends aur relatives ko....
"Happy Nav Samwat 2068" kaha tha.... ???
.
.
.
Apni PAHCHAN banao....
Apna SWABHIMAAN bachao....!!!
Anonymous
31 December 2011 at 20:39
The Petitioner was transferred in inferior post then his rank. Petitioner shocked with the order and falls ill and applied for medical leave and gone on leave. He was under treatment with the doctor of Govt hospital . Being aggrieved with the transfer order he filed a writ petition in the court. Hono'ble court admitted the writ and granted ad interim relief “maintain status quo as on date of order” in favour of petitioner. The hearing of writ petition was in presence of caviater. The petitioner intimated the disciplinary authority regarding court order after getting order from the court and joined his duty after getting fitness certificate from the Doctor. During the pendency of writ petition disciplinary authority suspended and ordered Departmental Enquiry, the petitioner was alleged that he has been relieved the same day when he has been delivered the transfer order so he unauthorizelly entered in the office and consumed leave with intention to escape from transfer order. So the Petitioner in another writ challenged the suspension order and the order of initiation of departmental enquiry. It is noted that there is well known procedure in the office/institution for –handing over and taking over the charge .but petitioner neither handed over the charge of his office nor any body has taken over the charge. A fictitious letter was produced as reliving letter without the signature of the petitioner it is worth to mention that a reliving letter must contain signature of both officers who taken over the charge and who handed over the charge. DA ordered to initiate departmental enquiry framing various some other vague charges (not in the suspension order) to creat harassment to the petitioner, like he has not received mail which was sent to him by messenger and by post, he was not reside in the headquarter during the suspension period, he was not perform the given target, he was unauthorized absence without leave sanction etc . it is to be noted that the transfer, suspension, initiation of enquiry was made without maintaining note sheets and with out preliminary enquiry it is proof of arbitrary order of authority, it is also noted that some charges are vague in the sense that what business target to accomplish, when the mail was sent by messenger etc are not clear in its sense. There was tremendous lacuna in conducting enquiry regarding providing natural justice and reasonable opportunity. Many occasions Enquiry officer conducted enquiry in absence of charge sheeted officer; Charge sheeted officer was not given opportunity to cross-examine some of prosecution’s oral witnesses. Also the oral witness of the prosecution permitted to give their statement/evidence by reading their written copy of the statement which was established before on record to proof the charges. The enquiry was declared concluded without taking oral witnesses of the defence. About one and half year after completion the departmental enquiry, Disciplinary Authority whimsically issued show cause notice to the petitioner for compulsory retirement. THE QUESTION IS:-
1. Weather During pendency of writ petitions in the court, issuing of show cause notice for imposing the punishment is valid. Does it comes under contempt of court?
2. Is the writ petition against show cause notice for imposing penalty is maintainable. If yes does this action can be challenged through the writs petition already pending in the court or it can challenged by another fresh writ petition.
3. What is the remedy to get justice?
4. What would be the status about the pending writ petitions ?
5. if DA imposed the penalty finally kindly describe the position in this stage and the remedy . can court interfere in the matter before exhausting departmental remedy ?
Anonymous
31 December 2011 at 20:30
a few days i lost my educational documents and a day before yesterday i applied for the duplicate docu. to the university.I want to know that is there any problem with duplicate docu. in government job and is there any difference between dupl. and original docu. in appearance?
Anonymous
31 December 2011 at 19:37
Respected Experts,
I requested a public limited company to provide me all details of a dealer/service provider of the company including all documents they have about financial assistance providers of a dealer. The reason (not informed to the company) is that the financial assistance providers embezzled my funds and I strongly suspect my money is the source of funds for this dealer (because the dealer does not have any independent source of assets or income).
Before going to the police, I wanted to find out myself how much money was disclosed by the financial assistance providers.(If it is more than x lakhs, then without an iota of doubt, it is my money because the cheaters had very little of their own money and/or assets).
The response from the company was:
1. As per Section 8(1)(e) of the RTI Act 2005, third party information will not be provided
2. As per Section 11(a) of RTI act, the dealer was contacted by the company and the dealer notified the company not to disclose the third party details to me.
How can I get this information so I can file criminal case with absolute certainty?
Please advice.
Thanks and Happy New Year to all of you.
sridhar pasumarthy
31 December 2011 at 17:54
Respected all experts,
I wish all of u "A VERY VERY HAPPY & PROSPEROUS NEW YEAR"
SRIDHAR PASUMARTHY
ADVOCATE
ONGOLE
ANDHRA PRADESH
Bharti Thakkar
31 December 2011 at 17:41
meine 1998 mein bank of baroda ke employees ke khilaf 2 complaint case file kiye the per aaj tak mujhe judgement nahi mila. bank officer court me nahi aate aur mein 14 saal se court mein me ja rahi hun.court ne warrant nikala tha phir bhi accused court me nahi aate. S P ke through bhi warrant nikla hai per wo log court mei nahi aate
mujhe kya karna chahiye ?
Anonymous
31 December 2011 at 17:14
Respected Experts please accept very happy New Year greetings first.It has become a sort of addiction for me to visit the lawyersclubindia.com and ask queries and interesting and educating answers from you experts. But I fail to understand who is paying for all this exercise? May god bless him and all you experts who are educating the general public about law and creating legal awareness. This may in some way affect the prospects and illegal tendencies among some evil advocates. Congrats you are doing yeomen service to the nation. May the Govt. of the day recognise it and encourage the same. IT IS REALLY HEARTENING TO SEE THERE ARE ALSO PEOPLE LIKE YOU SPARING YOUR VALUABLE TIME IN ANSWERING THE QUERIES. JUST ASK AND WE ARE GETTING THE REPLIES AND GUIDANCE FROM THE LIKES OF MR. PRABHAKAR JI, MAKKAD JI, VISHAL ,BARMAN JI, GANESAN JI, SUBRAMANIAM JI, QURESHI JI, REDDY JI, RAJEEV JI, SO ON & SO ON THE LIST IS END LESS. IS KALYUG MEIN BHI AAP JAISE LOG HAIN- TABHEE TO DUNIYA CHAL RAHEE HAI. GOD BLESS YOU ALL.
Jai Joy
31 December 2011 at 16:50
Hi,
My query related to deserters from Indian Air Force. wish to know whether any time frame to close the case against deserter from Air force..? or is that the case will be open indefinitely and never closes that the person will be hunted forever and never get opportunity to lead a normal life in India there after..?
Anirudh
31 December 2011 at 16:11
Only by 23rd or 24th of December, 2011 Mr. Shailesh Kr. Shah was made a "FEATURED MEMBER OF LCI".
However, we find that within his name stands removed from the Featured Member Status, and Mr. Dhingra's name once again appears as a Featured Member.
We congratulate Mr. Dhingra for this distinction.
At the same time, we wonder as to what is the reason for removing the name of Mr. Shailesh Kr. Shah from the Featured Membership within a week's time?
Did anybody notice?
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Misleading court
Dear All,
If a party to the case willfully and deliberately presents false and misleading inforamtion statements in the court proceedings through the advocate and if opposite party challenege such fact whether the said counsel is liable to be proceded against for renedering false informaion staement willfully and knowingly.
If so, which law/act/section to be referred to and invoked and what is the procedure and steps invovled to bring such advocate to the book.