Tashi Norbu Basi
03 January 2014 at 10:11
Dear Experts,
Happy New Year to you all.
My query concerns disciplinary enquiry.
"What happens when a disciplinary enquiry is initiated and penalty imposed by an officer who is not a disciplinary authority"? The state discipline and appeals rule specifically states who is the disciplinary authority, whereas the concerned officer is below the specified rank.
Any rulings of the Hon'ble Supreme Court would be very much appreciated.
Thank you.
Srinivas Jerripothula
27 December 2013 at 17:24
Hi All,
Will you please suggest can we use Lok Pal in present. Can we implement it. Please suggest.
In Lok Pal, there is a point that we can use this for Religious bodies and trust: The new bill includes societies and trusts that collect public money, receive funding from foreign sources, and have an income level above a certain threshold, it excludes bodies creating endowments for or performing religious or charitable functions.
I would like to file a case on this. Please suggest.
Thanks & Regards,
J. Srinivas
anwar
27 December 2013 at 12:40
Dear sir,
I m a senor executive in a reputed public sector corporation.Sometimes i wish to contest assembly or lok sabha election but have certain doubts in my mind.
1. Can i contest election without quitting the job.
2.I want to quit the job only after i get elected. in case i m not elected, i want to remain in service.
Is this possible, pl clarify.
regards.
vatan
27 December 2013 at 12:27
I am facing a case before tehsildar. I have a registered will of my grandmother in which my grand mother transfer the all property to me. After her death i file the documents in tehsildar office for tansfer of property. But tehsildar not doing the same. There is no objection against me regarding the property. Now i want to file a writ petition in supreme court. Kindly tell me the prpcedure.
Yogesh
22 December 2013 at 15:12
I have filed PIL in SC, same diary no is 37414/2013.
SC asking me "AFFIDAVIT OF THE PETITIONER IN SUPPORT OF THE PETITION"
I have drafted same, see inclosed copy.
Now confusion is, On which cost (price) stamp paper and what type of stamp paper needed for same AFFIDAVIT.
And
From which authority may I do VERIFICATION e.g Form local Tahasildar, Notary etc . .
Please guide me about this concept
Please guide me I am confusing.
Yogesh
22 December 2013 at 14:35
I have filed PIL in SC, same diary no. is 37414/2013.
Now SC asking me that file "AN APPLICATION FOR PERMISSION TO APPEAR AND ARGUE IN PERSON"
Therefore I kindly request to you, that please give me format of same application.
Please.
Satish
20 December 2013 at 16:02
I m the member of the Grampanchyat Body of my village. In my village there is a trust which runs various government aided schools. This trust have made lot of illegal appointments against the reserved posts since 2000. The trusees had never followed the govenment policy of reservation for backward Class community. Appointing over 100 of emloyees illegally, the trust have misappropriated millions of govt aided fund. further the Trust had made some illegal apoointments against the abolished posts. I have made various complaint to the competent authorities but yet no action have been taken by them over the trust. Can i have locus standii to file the PIL against the trust? can i file the PIL in SC? please suggest me.
Bindeshwar Sah
18 December 2013 at 22:27
To,
The competent concerned,
Sir/Madam
All the elections conducted by Election Commission of India and
subsequent constitution of the respective legislative bodies and
consequent formation of the Governments at the centre and states and
passing/making order and decisions on the issues of elections by the
Judiciary are unconstitutional and illegal on the following grounds:-
(1) Late Dr. Rajendra Prasad was not the President of India from 26th
January 1950 to the first due election of the President after the
general elections in the country. The Constitutional provisions
relating to the office of the President and his election under Part V
Chapter I Articles 52 to 62 came into force on the commencement of the
Constitution of India i.e.,26th January,1950 but he continued till the
first election of the President without any legal and constitutional
basis. That is constitutionally wrong and illegal.
(2)Late Jawahar Lal Nehru was not the Prime-Minister of India from
26th January 1950 to the first due election of Lok Sabha in April-May
1952. The constitutional provisions relating to constitution of the
Lok Sabha Part V Chapter II came into force on the commencement of the
constitution of India.The interim /provisional parliament from 26th
January, 1950 to the first general election of the Lok Sabha was
constitutionally wrong and illegal.
(3) As the consequences of the above stated facts the Passing and
enforcement of the two election laws namely the R.P.Act. 1950 and 1951
are constitutionally wrong and illegal and as such they have no
mandate to be implemented as the constitutionally constituted
Parliament was not there at that time.
(4) The similar is the case with constitution of State Legislative
bodies in the respective states and formation the respective
Governments in the States during 26th January 1950 till the first
constitutional legislative election in the state.
(5) The Supreme Court decisions reported as Air 1959 SC 1318 para 12,
Air 1972 SC 2284 para 12 and Air 1999 SC 1723 para 25 mandate that
the candidate must be an elector in the constituency for M.P.(Lok
Sabha directly elected) and Vidhan Sabha( directly elected)
elections. But Election Commission of India despite being respondent
party in 1972 judgement and having full knowledge and possession of
the decisions having been produced by me is adamant not to implement
the law laid down by the Apex Court and has been conducting
unconstitutional and illegal elections permitting non elector in the
constituency to contest elections. Thereby elections are totally
against the constitutional judicial mandate of the country.It is
illegally permitting the outsider to contest election of Lok Sabha in
a state. The Meira Kumar being SC of Delhi has been getting benefit of
reservation in different stated in the elections of the Lok Sabha
which is totally against Article 330 of the Constitution of India.
Even the Sonia Gandhi and Rahul Gandhi and similarly situated other
members of the Lok Sabha are not elector in their respective
constituencies and even outsider to the concerned states.
(6) If the elections are illegal, subsequent constitution of the
legislative bodies and the formation of the Government and decisions
of the Judiciary are unconstitutional and illegal.
It is required in the interest of justice to take immediate needful
action to save the constitutional democracy of the country.
With thanks.
Bindeshwar Sah Advocate
Dheeraj kumar
17 December 2013 at 07:10
Hello,
I am Deepak basically i am from bihar wrking in hyderbad in prviate company.
and My father is a defence personnel(IAF)and falls under the category of (Group B/class II officer.
Parellely I am preparing for Bank and SSC Exam, the problem arises when last month I went to bihar and ask the concern authority to issue OBC NCL certificate they ask me last three year salary statement/annual income of my father which is more than 6 lack Rs.
and by looking at the figures they said u r not comes under non creamy layer category.
But I expalined them for all the defence pesonnel, creamy layer is decided by the post/Rank not by the salary. if at all the rank of father is colonel ar above colonel than only son's/daughter treated as a creamy layer.
but they are not listening to me, first of all please tell me whther i am correct or not if yes what kind of legal action should i need to follow.
Thanks
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Process to get declared unconstitutional a provision of constitution itself
My query pertains to the following subject-matter:
There are catena of illustrations wherein various Constitutional Amendments have been declared unconstitutional from time to time.
Not a single illustration has surfaced yet wherein any constitutional provision which is in the constitution since the commencement of the Constitution has been declared void by virtue of Art.13.
As to whether provisions which are ab intio in the Constitution are not "law" within the term of Art.13?
If they are "law" then as to whether they cannot be scrutinized under Art.13.
For example if any such provision of law is apparently arbitrary then what is the way to assail such provision.