Anonymous
04 August 2011 at 20:22
Res. Rajkumar sir, Ramachandran sir & Sriniwas sir (And other Ld. members),
In continuation to my yester question, I am reproducing here the extract of HC order. Kindly go thoroughly and suggest, would it be as suggested by you last night?
BEFORE
THE HON’BLE MR. JUSTICE…….
19th May, 2010
The petitioner is working as UDC since 1996 in the deptt. of PHE. At the relevant time he was serving in the office of the PHE sub-division at………….. While he was serving there he applied and availed casual leave on 29th, 30th and 31st August, 2005 as he was suffering from some ailments. He could not join his duties. He did not inform or apply for further leave. He overstayed for a period of 12 months from 01-09-2005 to 31-08-2006 without any authority. After 12 months, he came and joined his duties on 01.09.2006 with an application for Extra Ordinary Leave (EOL). When he joined on 01.09.2006 by submitting a joining before the Assistant Engineer, PHE sub-division, the same was forwarded to Division office.
According to the petitioner after he joined on 01-09-2006, he used to come regularly to the office but the officer concerned used to mark absent in the attendance with an assurance that the absentee statement would be rectified as soon as the acceptance of joining report is received from the higher authority.
It is stated that no communication has so far been received from the higher authority. Therefore, he made a representation dtd. 18.03.2008 before the Superintending Engineer, PHE praying for rectification of monthly attendance report. The said representation has not yet been considered and disposed of by the said superintending Engineer. No communication has been received so far in regard to the aforesaid prayer. As a result, the divisional office has denied payment of salary from the date of his joining i.e 01.09.2006 for which the petitioner is suffering from acute financial hardship in maintaining his family.
Learned Addl. Sr. Govt. Advocate submits that a departmental proceeding is pending against the petitioner in regard to the alleged unauthorized absence. The same was initiated on 03.12.2007. A show cause notice was issued upon the petitioner through paper publication and he submitted a representation in March, 2008. There was no show-cause reply from the petitioner but in the said representation he made a request for not treating the absent period as dies non. The said representation is also pending consideration and disposal by the authorities concerned. Thereafter, an inquiry officer was appointed for conducting the departmental enquiry. The petitioner was summoned on 20th and 25th june, 2008 but on the said dates, the inquiry officer was absent.
The aforesaid departmental proceeding is pending without any progress and the main question regarding the alleged unauthorized absence has remained undecided till date.
Considering the aforesaid facts and circumstances and for the ends of justice, I dispose of this writ petition with the following directions to the Chief Engineer, PHE who is the concerned authority :
(i) To take necessary steps for completion of the departmental proceeding within a period of 60 days from today in accordance with the existing rules and procedure and providing due opportunity to the petitioner.
(ii) The petitioner is also directed to participate in the departmental proceeding so that the same could be completed within the said specified period.
(iii) To consider and dispose of the representation dtd. 18.03.2008 with a speaking order after the conclusion of the departmental proceeding and communicate the same to the petitioner.
With the aforesaid directions, this writ petition stands disposed of.
Registry shall furnish a copy of this order to Addl. Sr. Govt. Advocate by tomorrow for onwards transmission to the concerned authority.
N.B: The portion submitted above by the Govt. Advocate talks about the period from 01.09.2005 to 31.08.2006.Whereas, the subject matter is from the period 01.09.2006 to till date.
Anonymous
04 August 2011 at 12:38
Respected lawyers, you are requested to kindly differentiate between Scheduled Caste and Backward Class.
Anonymous
03 August 2011 at 19:47
My writ Petition was disposed of on 19-05-2010 with a direction to the concerned authority to consider my representation/appeal after the departmental proceedings is completed.
But till today neither departmental proceeding has been initiated nor has my representation/appeal been considered. Now it seems limitation period of 1 year for the contempt proceedings has also run out.
Can anyone suggest, what can be done under such circumstances???
Anonymous
03 August 2011 at 04:00
Once the high court has given leave to appeal to the SC under sec 133 of the constitution of India can the other party challenge the validity of this appeal in the SC?
Anonymous
01 August 2011 at 16:02
Experts,
On what grounds an application for filing and arguing in person before the SC will be denied.
how will the IA in a SLP be disposed. There is also another IA for filing additinal documents will it be dealt separately.
Thanks.
V.V.RAMDAS
31 July 2011 at 22:06
What is procedure for repealing the act and connecting law to that effect ?
Anonymous
31 July 2011 at 13:35
Sir,
Kindly suggest me, under which act compensation case can be filed against university.Due to university negligiable and careless working of GBTU ( http://uptu.ac.in )towards execution of M.Tech at every stage my whole of the career and life has been wasted even after putting all efforts, i.e. putting plenty of letter to VC, COE, meeting personally, no effect and none positive.I am having all evidences against them as well.
I am willing to file a case for compensation against university.
Thanks and Sincere Regards.
AR
ronak
31 July 2011 at 10:03
Is is right to provide gratuity retrospectively.
Can't it create extra burden on educational institutions and other establishments who are already financial weak?
Can it be challenged in supreme court?
And on what basis?
and what are the basis of the date they mentioned 3 april 1997 ?
why it is not the from the date 1972 the act passed by legislature ?
Anonymous
30 July 2011 at 20:53
from where i can find copy of this cercular Ministry of Home Affairs ND in its letter No.39/37/73/SCT I, dated 4-3-1975
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fake currency and black money
Dear Members/Experts,
Today the biggest problem in the country is of Law and Order at one the another I feel is the fake currency which flow in the country is uncontrollble.
I am thinking to to apply for PIL in the Supreme Court to stop movement of the higher currency notes in India with immediate effect which will certainly stop the growth of black money at one side and the other the same will automatically stop fake currency movement in the country.
Can anyone suggest me the legality of my view and can any of you will help me out at supreme court.
Girish Shringi
(Advocate)