Anonymous
11 October 2010 at 23:46
When the charge sheet is quashed on the grounds of mala fides and the Court gives liberty to respondents to objectively examine and may issue a fresh charge sheet if so required and if advised can the same verbatim charges say 15 out 20 be re served picked up from the quashed by Court charges?
Does the "if so advised refer" to the First Stage Advice of the Central Vigilance Commission or some one else when there is an application of CCS (CCA) Rules 1965?
Anonymous
11 October 2010 at 20:45
I was charge sheeted in 2003. The High Court in 2006 quashed the charges having been found to be raked up, stale and retaliatory but provided respondets one more opportunity to objectively examine the allegations of misconduct of 1997- 2003.
This provided handle to the respondent No. 2 to re proceed against me. Whereas the Respondent No. 1 Central Governemnt remained neutral and did not objectively examine even though directed by the Court the Respondent No. 2 in which my junior was at the helms immediately served 15 out 20 charges that had been quashed by the Court having been found vitaited with mala fides. The catalyst was Government's Order that my junior could no longer act as Secretary and that I was to act as Secretary. He had no statutory powers while holding the additional charge of secretary under CCS cca Rules 1965.
The end of the game is that I have been compulsorily retired in an ex parte Inquiry.
Any advice for me please
Anonymous
11 October 2010 at 19:59
Is there any safeguard for a Whistle Blower or is it that the Disciplinary authority who is indicted and has personal interest can impose major penalty upon me.
If the penalty is imposed in the garb and in a farcical inquiry can I do any thing to claim relief.
Any precedence or any citation please.
Thanks in advance.
p k kapoor
11 October 2010 at 17:42
My employer is an educational institute under one of the Ministry, Govt. of India. It has appointed an agency for housekeeping services. The said agency is a proprietorship firm was run by an Ex-Army officer. Suddenly, due to death of the proprietor the firm has stopped its functioning. My employer has to pay/clear the arrear bills of the agency for the period for which the service was rendered satisfactorily. But, there is no existence of the firm now. However, the wife of the proprietor is praying hard and requesting us repeatedly to clear the dues so that outstanding salary to their employees can be released.
In view of the above situation, kindly help us with some legal guidelines for the following query:-
1. How to pay agency bills which has no existence on death of the proprietor?
2. What legal documents can be demanded from the wife/ legal heir if payment is to be released?
3. If payment is to be released, then in whose favour A/c payee cheque can be drawn legally?
Anonymous
11 October 2010 at 15:47
We are paper manufacture company. now a days we make renovation in our factory premises. We give contract to third person to renovation. now, contractor's workers working in factory premises. are we paid an ESI amount to workers? if yes WHY?
Anonymous
11 October 2010 at 14:41
Please cite the case Laws in which the Manjor Penalty of compulsory retirement was quashed/ set aside by the Supreme Court/ High Court
What the circumstances in which the First stage advice of the CVC mandatory?
Are there any case Laws informing that once a charge sheet has been quashed by the Court on the gounds of mala fides the same vebatim charges can not be served again.
Are there any case laws that the Inquiry proceedings can not be conducted at the residence/ Law Office/ office of a Legal outsourcing company?
Can the Honorary President of a registered Society nominated by the Government as such exercise the executive and statutory powers
Anonymous
11 October 2010 at 12:40
In 2006, Hindustan Copper Ltd. revised the Pay scale of their employees from 01.01.1997 and made payments of arrears to all on roll or retired/resigned/expired, but thousands of employees, who opted voluntary retirement, have not been paid. Neither they are paid their arrears nor they are being informed the reasons for such non-payment. Managerment is going their own way to eat away crores of rupees payable to such VRS employees. Some of the employees filed writ petitions, but it is very lengthy proces. RTI failed to get any inormation on the subject, as the management beat about the bush and does not part with the answers to the queries. All affected are above 65 years of age and have meagre resources to chase the management legally. Would some NGO or people friendly organisation come to help the hapless senior citizens go get their arrears. Thanks.
vinod kumar pandita
10 October 2010 at 21:44
Dear Sir/Madam
I am working in Regional Rural Bank Working As Cashier cum clerk & belong to that union not liked by management.Managament have adopted a transfer policy endorsed by both unions.but unfortunately management is victimising the persons belonging to a particular union and transfer the persons at their will by way of pick and choose method.Is not there any legal remidy to stop the management to favour one union and victimise the other,in my case I am expert in computer software but management transfered me to that branch where banking is done manually.hence I feel Victimised.
prashant1314
10 October 2010 at 15:26
Dear Sir,
As per Bombay Shop & Establishment Act estalishment has to be closed once in a week, but I observed that on railway station shopkeepers keep there shop open on all 07 days alongwith 24*7 hours timinings could you please put light on it
Thanks in advance.
Prashant
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Answer to When Charges are quashed on grounds of mala fides
When the mala fides is observed by the Court and the Hon'ble Court is pleased to quash the charge sheet the entire administrative action falls nothing survives.
It will be further mala fide if the charges are picked up from the quashed by Court Charge sheet.
The objective examination should bring out some thing entirely new in the fresh charge sheet.
If so advised may , yes , mean CVC under the circumstances.
Let other experts with high scores like Raj Kumar Makkad and Subramaniam answer the query in public interest. They may even quote the case laws.