Sanjeet Kumar
02 May 2015 at 16:23
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.
Naveen Kanth Dasari
01 May 2015 at 17:33
Hello Experts,
I have a query regarding the maintainability of a defamation suit.
I am a practicing advocate in Hyderabad and last week one of my client had faced an embarrassing situation in the hands of RTA(Road Transport Authority).
The facts of the case is:
My client is a reputed industrialist in Hyderabad and owns properties in Hyderabad.
Last week my client was traveling in Hyderabad City with his family in his personal car which is of Karnataka Registration and meanwhile in the road the RTA inspector stopped him and ask to show the car documents, obliging to his order my client showed all the documents and was up to the mark, the only fault was he did not pay the road tax, but on demand he even paid the tax on the same day.
Now the point is as the tax was not paid the inspector seized the car in the middle of the road and also used abusive language and asked my client to collect it in the RTA office after paying the tax and when my client went to the RTA office to pay the tax, the inspector again used abusive language and also hurt his reputation in front of other people present in the RTA office.
Now the point is can we file a defamation suit against the inspector as my clients reputation was hurt when the inspector seized the car in the middle of the road in front of the public as he was traveling with his family and even his family was made to get out of the car and also for using abusive language.
Thank You,
RAMA BALAN
30 April 2015 at 18:18
I am a NRI and applied for the OVERSEAS CITIZENSHIP CARD and the FRRO office in Bombay advised me to get a nativity certificate(for those who cannot bring their old indian passport or birth certificate. I was born at home back in 1948 and there was no registration in those days. I downloaded the form from their website and it states that it has to be filled up by the district magistrate's office or collector's office. No one seem to have a clue in both offices. Please help and advise. can a NOTARY PUBLIC certify the nativity application form
Akki yadav
30 April 2015 at 11:32
Sir i met with an accedent...
Maine ek parked car me thok diya tha.. And they they registered case against me in police station in act 427 and 279... In court hearing... Judge asked me to pay fine and my case over
I am selected in government job
Police varifivation aaega to
Kya ye effect karega ..?...??
Please sir pichale kai mahino se me chen se so bhi nhi pa rha hu...
Please my family need me
amit kumar singh
30 April 2015 at 10:59
my company had asked tender for Security Services. Around eight to ten firms/agencies had applied for the tender, after opening of technical bid five firms were eligible for the financial bids, now a situation has arrived when three agencies have quoted that same service charge i.e. agency profit charge. how should I decide whom to award contract, when I have only mentioned that contract will be awarded to the firm quoted lowest service tax. This is a open tender published in newspaper and no other condition was mentioned in that.
Kindly suggest
Member (Account Deleted)
29 April 2015 at 23:23
During dep inquiry the prosecution witness showed
1. non cooperation
2, intentional hiding of the fact
3. false allegation of harassment on presenting officer
under which CCS(CCA) Rule disciplinary inquiry can take place?it calls for major penalty(14) or minor penalty(16)?
D Nanda Kumar
29 April 2015 at 09:25
I have made a claim on my Bank as an ex employee for promotion. The bank has taken an opinion on the same from their panel lawyer. I have asked for the gist of the opinion as well as copy of the same through an application under RTI act 2005.They have replied that it is the intellectual property not covered under RTI.Is it correct? If not how I do I proceed further?
anilkumar yadav
29 April 2015 at 04:02
s.1(2) of drc states "such urban areas included before 1958 in areas provided in the first schedule". Now it can be inferred that even if an area has been included in areas provided in first schedule, still it has to be an urban area for the applicability of the DRC ACT. Now no furthur notification is to be found of urbanisation of that area. My question is will still be DRC ACT applicable on that area and from BDO office through through RTI it has been answered that the particular area is rural. Please provide your valuable opinion and suggestions if any.
kumar
28 April 2015 at 21:43
I had one credit card in India last transaction done in 2008 November and the outstanding amount was 15000 Rs.Now they call me to my abroad number and asking to 120000 IRS as my out standing amount .
Since 2008 nobody calls me or mail me regarding this payment. My question is in this case Had i passed the statute of expiration ?
can they file a case against me ?
Please reply sir
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Service matters, urgent advice needed
I am working in Police Dept as Clerk.
I am facing Criminal Case u/s 498 (A) and it is under Court trial.
My dept. has issued charge sheet u/s 11(3) of Karnataka Civil Service (CCA).
The department has leveled exact charge, as of criminal case with mention of section 498A.
when a criminal case (Not related to Office work, Purely personal) is pending before the Court, the Govt. holding of a departmental enquiry during pendency of a criminal prosecution in respect of the same subject-matter and same charge as it is in Charge sheet submitted to Court would amount to a contempt of court?
(The language in the charge sheet submitted to Court and charge sheet issued u/s 11(3) of KCS(CCA) Rules are same.)
Please guide me Sir.