SANJEEV
24 June 2014 at 19:17
RES EXPERTS
IF A PERSON(GOVT EMPLOYEE) GOT IMPISONMENT UNDER SECTION 323,506,34 IPC ,CAN HE ABLE TO DO HIS GOVT JOB AFTER COMPLETING IMPRISONMENT.
Sharad Kumar Srivastava
24 June 2014 at 16:40
In Distt. Consumer Forum which citation is applicable decided by High Court or National Consumer Forum? In my case National consumer Forum citation is in my Favor and High court citation is against my case. In opinion of President of Distt. Consumer Forum, High court citation is applicable because of Art. 226 & 227 of constitution of India. Kindly suggest any citation about above.
Balaji
16 June 2014 at 23:03
Hi Experts,
Before posting this question, I checked the forums in this website and election commission's website also. But I didn't find the correct answer.
My question is for contesting as a MP or MLA candidate in AP, is it ok if he/she, who will contest as MP/MLA in 2019 general elections?
I referred to the below article(section 21B) published in election commission's website for AP.The required information about disqualification related to having more than 3 children can be found in page 34 and under section 21-B in the below link.
http://www.apsec.gov.in/Election_law/ELECTION%20LAW%20OF%20MUNCIPAL%20ACT.pdf.
I also referred to the below act,published in this forums by one of our respectable lawyer Janardhan Reddy as a response to the similar question asked by our fellow member.
http://164.100.12.10/hcorders/orders/2008/wp/wp_23854_2008.html
In both the above two articles, it clearly says that this is related to only Local and Municipal bodies only but not about MLA and MP candites.
Based on the above, I hope a person having 3 children can contest as MP/MLA candidate in 2019 elections in Andhra Pradesh.
Can any one clarify on this ?I really appreciate your quick and correct response.
Thanks,
Balu.
AMIT GUPTA
16 June 2014 at 13:36
Dear Experts,
i'd really appreciate it if anyone could please suggest your opinion towards Provision applicable for a Pvt Ltd Company having Regd office in NCT of Delhi since almost 20 years but having no souces of operations would fall inder the regulations of S& E Act??
Please also [rovide the provisions of Registration under this Act viz.. When to obtain Registration etc..
Thanks..
Ziaur Rahman
15 June 2014 at 19:23
Sirs, my question to the experts is that whether any executive order passed by the chief secretary of a state can override the rules passed under Article 309 of the Constitution of India? For example, if a public servant has been protected by certain service rules framed by the Governor under Article 309, can the same be bypassed by the order of the Chief Secretary or Home Secretary of the State by an executive order said to have been passed under Article 162 but having no legislation sanction and only referring that the Government is of opinion that hence forth such and such procedure would be adopted which are specifically forbidden in the Rule passed under Article 309? Doses any Executive Order of Chief Secretary or Home Secretary requires any sanction of Governor or legislatures without superseding the earlier Rules made under Article 309? Kindly opine
Dheeraj kumar
10 June 2014 at 08:59
Hello Respected Sir/Madam
I am basically from bihar but born & bought up in different states of india as my father was a deffence perssonel, I travelled almost five/Six state during my entire eduicational life. Finally I done my MBA from Hyderaabd as my father posted here (hyderabad) and after that I got the job in pvt MNC also in hyderabad.
Now my question whether I am eligible for state Government jobs of AP or Bihar. I am staying in hyderabad for last 7 years.
Thanks
Bulu
09 June 2014 at 14:45
I am belong to barui and got my OBC certificate . But now how can i prove that i am belong to BARUI in front of investigation committee.it may be noted i have applied any where . So what will happen .
Naresh Mohan Gupta
02 June 2014 at 14:26
I am a senior PSU officer. (Manager in a mini ratna central Govt PSU). My grade is E-5 whereas highest grade is E-8. My pay scale is Rs. 36600-3%-62000 (IDA).I have several times been called for election duty of both Assembly elections & Parliamentary elections. At each occasion, I have been deputed as Micro Observar so far. I have seen that some of my colleagues who are senior PSU officers have been assigned the duty of Presiding Officer whereas their Sector Magistrate from State/Central Govt were of lower pay scale/rank. So far I have not seen that any PSU officer has ever been deputed as Sector Magistrate.[what's election commission 's guidelines] Now I have been again called for duty of Panchayat Election duty and this time I have been deputed as Presiding Officer. I want to know:
1) Can a PSU officer be deputed for State Panchayat Election duty?
2) Can a PSU officer of higher scale than the scale of State Govt./Central Govt. Officer, who has been deputed as Sector Magistrate, be deputed as Presiding Officer? OR can a PSU officer of my rank/grade be deputed as Presiding Officer?
3) How will we compare the pay-scale of a PSU officer (IDA scale) with a State/Central Govt. scale?
4) How to determine whether the pay scale of a PSU employee is higher/lower than a State/Central Govt Employee?
Matter is urgent. legal advice from experts is genuinely requested.
Regards to all.
s.vinodhbabu@gmail.com
30 May 2014 at 14:20
First of all thank you very much. Yes Sir, I faced this problem first hand. My daughter passed the Xth SSLC examination securing 437 out of 500 marks(87.4%). She was denied her choice of group of study. Likewise so many students were denied their choice of group. I have seen so many heartbroken children and their desperate parents running around schools. Some schools even fixed 480 out of 500 as the cut off mark and my daughter’s school fixed 450 as the cut off mark. I dont know on what authority these schools fix their own cut off marks to filter out their students. So that new students are rapidly taken in giving their choice of group collecting donation irrespective the marks. Only later when i examined i learnt about the education act and the insertion of the article 21a in the constitution. All those are helpful for student of age between 6 and 14. What protection the law gives to those minor students who wish to continue to higher secondary is my query.
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Disqualification for appointment to posts under the State.
The Governor of Rajasthan, in exercise of powers under proviso to Article 309 of the Constitution, has promulgated a rule to the effect that no person who has more than two children on or after 01.06.2002, shall be eligible for appointment to any post under the State.
Article 16 cl. (1) of the Constitution mandates that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. None of the various clauses of Art. 16 permits disqualification for appointment on the basis of number of children a citizen has.
Cl. (2) of Art. 13 provides that the State shall not make any law which takes away or abridges any fundamental right and any law made in contravention of this clause shall, to the extent of contravention, be void. Undisputedly, Governor is "State" and rule made under the proviso to Art. 309 is law within the meaning of clause(3) of Art. 309.
Is the rule constitutionally valid?