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zindagi   11 January 2009 at 17:22

Is it a material concealment of fact to initiate disciplinary proceedings?

A Govt. employee workg as a pharmacist since 1974. She showed her nationality as Indian in attestation forms for verification of her character & antecedents at the time of her appointment. She was carrying the valid British passport at dat time. This fact was not disclosed by her at the time of her appointment. It came to the knowledge of Dept/office in 2007. When charge sheeted, she replied in defence that she was originally born in India 1951, migrated to Kenya in 1955 till 1965 when she was brought to India by her father. Thereafter her schooling, further education, marriage with an Indian citizen, her voter card, ration card, PAN card in India only. Therefore she considered herself as Indian citizen. Her Passport expired in 1987 which she got renewed after 19 years in 2006 valid till 2016.
Now question arose that can the dept, where she is working as pharmacist, initiate disciplinary proceedings under Punjab civil service rules( punishment & appeal ) Rules 1970 against ‘A’ for concealing the fact of holding British passport at the time of her appointment in the said dept.

zindagi   09 January 2009 at 18:29

Can we terminate an employee put under suspension on criminal charges?

'A' who is a Govt. employee charged with corruption. He was put under suspension while criminal proceedings started. Lower court awarded sentence on finding him guilty. Then 'A' approached Appellate court where bail was granted and his sentence was suspended till the final outcome of the case.
Now query is that,,, whether 'A' can b terminated at this stage that will be subject to the final outcome of the case OR he may be allowed to continue his service. it s pertinent to mention here that "A' is getting 75% subsistence allowance as per applicable service rules. OR
Wat necessary action may be taken at dis stage n under which rule?

B.N.Rajamohamed   07 January 2009 at 22:58

compelling to hold departmental enquiry

Can any constitution expert answer me whether i can compell the public authorities to hold a departmental enquiry against an erring public servant through a writ in the form of Mandamus by invoking Art.226 of the constitution of India?

shivraj   26 December 2008 at 14:09

Labour law

If the employee is removed without written notice of dismissal and also opportunity of being heard If it is invalid? And what sec. and Art.? Plz give any authorities relating to the case?

shivraj   25 December 2008 at 18:57

Labour law.

As an employer I am an owner of private company and one of my employee now contaminated of HIV+, I want to remove her. How? Will it be violation of any fundamental rights? Any company act, labour law helps me?can character be ground for termination.

Associate R   22 December 2008 at 12:46

Judgment required

Respected Experts,

The Hon'ble Bombay High Court has passed a judgment on 29.9.2000 in Criminal Writ Petition No.1072 of 2000 filed by Shri. Jigar Harish Shah against Union of India. In this judgment, the Hon'ble Court has issued guidelines with respect to correction/rectification of a mistake in the entry on date of birth/place in the passport. I could not find the copy of judgment in the Bombay High Court Official Website. Please can any one provide me the citation where this judgment is reported.

Thanks in advance!

M.S.Chandra Shekar   21 December 2008 at 12:34

How to File Complaint against Chief Information Commissioner and Registrar of Information Commission

I am a Senior Citizen anad I am having a Writ given by the Hon'ble High Court against a Registration Department regarding information about a Particular Document. Thru the writ I got some information, but the Vital Information is still held by the Registration Department.

In this connection I made neccessary RTI application to that Registration Department, they failed to furnish the vital information, I filed an Appeal before the Chief Information Commissioner.

What I find is to my utter surprise, The Chief Information Commissioner is favouring the Registration Department, inspite me having a writ granted by the Hon'ble High Court regarding information relating to a Document.

Now my two questions are as follows;

1. To whom to file a Complaint for the indifferent attitude of the Cheif Information Commissioner, for totally disrespecting the Hon'ble High Court Order and showing a Bias towards the Registartion Department. He thinks that he is the supremo and there is no one above him to correct.

2. If I make an RTI application to the PIO for want of explanation of grounds for not taking actions against the Registration Department for not furnishing information, The Registrar sincerely follows rules that Hypothetical questions need not be answered under RTI act. Is this Correct? and he also does not follow the same sincereity in Invoking Penal provisions of the RTI against the concerned,

Whom to Complain ?

In both the cases the Chief Information Commissioner and Registrar of the Information Commission are behaving like dictators, Is there a way to teach them a lesson ?

Thanks & Regards,
Shekar

R Bajaj   17 December 2008 at 11:57

Inter Se Senority

Sir,
I am a Defence Officer posted in a Deemed University,my Querry is:

My Basic pay is more than my DRDO Contempary posted here and I became a gasseted officer almost four years before him but in the institute he has been given a higer status quoting some DRDO letter which equates the various ranks of defence forces with ranks of DRDO scientists.For eg The letter equates Major General to Scientist G.
In this case this individual attained the equated rank befor the service office here is being deemed to be senior where as the fact that he draws less pay and has less number of years of service are being treated as Irrelevant.
I want to know the rule position on this.
Bajaj

G. ARAVINTHAN   11 December 2008 at 13:24

Passport Act

Can anyone say the time frame for issuance passport from the date from submitting the application ?
please give details for the following also
Ordinary Passport, Diplomatic Passport and Official Passport and respective time frame?

advocate satya   22 November 2008 at 13:36

advocates and specialisation

hi
i want to discuss this forum that the lawyer if specialised in any area cant write his specialisation in his board or card e.t.c a doctor is writing his spec. with proud and the patient gets right tratment, why this is not allowed in law and litigants faces problems when the matter is been taken by any advocate not specialised inthat field? can any suggession in this regard can be given to bar council? what is the opinion of everyone? pls share your thoughts?