sakthi
22 March 2025 at 19:10
Respected Learned Experts, I am a retired central government servant. During my service, I was suspended for a period 272 days for a criminal case. The trial court has acquitted me under benefit of doubt. In departmental enquiry, I was imposed with compulsory retirement. The order of suspension was deemed suspension as I had been imprisoned exceeding 48 hours. After the order of the acquittal, I had applied for regularization of suspension period which was turned down as treated as not in duty. I had challenged the order before the CAT and the CAT has set aside the order, directed the department to regularize the period of suspension under the rules applicable. Now after my retirement my department has regularised the suspension period as EOL under FR-54B(7). Whether I am eligible for any monetary benefits such as annual increments, revision of pensionary benefits based on the order passed. I am a senior citizen and I don't want to proceed further with legal battles. My query restricted to the eligibility of any monetary benefits based on the order passed. The order is silent about this. With utmost respect and advance thanks, I pray the Experts to clarify the issue please.
Vasudevan
08 January 2025 at 19:43
Respected Learned Experts, I am a Central Government Servant governed by CCS Rules. I am entitled for MACP benefits in 2008 itself. I had faced two criminal cases in the year 2009 and 2010 (cognizance taken by the court) and one departmental enquiry in 2011. In 2009 case, I was acquitted and 2010 case, I was convicted for which an appeal is lying before the High Court. Before conviction in 2010 case, I was imposed with the penalty of compulsory retirment in the departmental enquiry in the year 2017. My MACP benefits refused by the department in August 2024 citing the above cases. All these cases were occured subsequent to my date of entitlement of MACP. Hence, I had filed an OA before the Central Administrative Tribunal and appearing as Party In-person. The tribunal is questioning the delay. I had filed OA within two months of the receipt of the department order. However, the Tribunal is observing the the cause of action araised in 2008 itself, it is too late to admit the OA. Becuse of the refusal of MACP, my salary and pension receiving right now is affected and therefore it has a recurring nature of injustice. The Tribunal adjourned the case with direction to file the reasons for the delay from 2008 onwards. Kindly guide me whether the cause of action arise from the due date of elgibility of MACP or from the date of the order passed by the department? Please also clarify whether I have any immunity on the basis of the recurring loss in mopnthly pension which I presume has resulted in creating fresh cause of action every month?
As I am appearing as Party In person, I request the Hon'ble Forum kindly to guide in the matter and judgment if any in the matter may also be shared please.
Thanks in anticipation.
sakthi
17 September 2019 at 13:21
My father(as buyer) has entered into a sale agreement with say X for an immovable property in the year 2000 with a condition that the tenant in the said premises to be vacated by X. The sale agreement was registered in the Registration Office. My father died in 2013. Before his death, he has made over the agreement in my favour. The X has also died in 2014. The tenant has been vacated now. The legal heirs of the X is refusing to honour the sale agreement and demand for higher price now. Whether, I can sue the legal heirs of X to execute the sale under Specific Performance Act. Thanks to all Learned Experts for their opinion.
sakthi
22 August 2019 at 13:29
Respected Experts, A divorce case is being filed and pending before the Family Court for the past 1 year. The husband is serving in USA and not attended the court even a single time. The judge adjourns the case every time with 'for appearance'. Now it is 12th hearing running. Recently, the husband mother has met the applicant i.e., wife in a temple and started scolding in an abusive language and filthy words. Whether any remedy may be prayed by the before Family Court against the the mother of the husband. Please also clarify whether maintenance may be claimed pending the divorce case. I am working as clerk in bank and I have a daughter of 6 years age. The much more problem is the Judge of the Family Court is transferred some 3 months ago and lying vacant till date. What should be done to curtail the unnecessary interaction of the family members of the husband. Thanking you in anticipation of all your valuable advice.
sakthi
14 October 2018 at 11:38
I have been retired compulsorily from Central Government service. Subsequently, I have been also convicted by the CBI court. The conviction order is challenged before the High Court. The trial court order is stayed. I have not been given any pension or gratuity till date. The department is saying that 'as the matter is sub judiced', no decision is taken for the payment of pension. I have not filed any case against the department before any court/tribunal. Then, how the payment of pension and gratuity is sub judiced. Please clarify and guide me for further course of action, if any from my side.
Thanking you in anticipation.
sakthi
30 August 2017 at 10:18
My sincere thanks to one and all of the Experts for able guidance of my previous quarries. My friend has got the order of suspension from High court. The High Court has made a condition that the petitioners i.e. my friend and his wife has to execute a bond for Rs.1,00,000/- each with two sureties each for like sum to the satisfaction of the trial court., The sureties has no immovable assets. They had Fixed Deposit with banks. Whether bank guarantee is acceptable in place of sureties? If so, for how much sum the bank guarantee to be taken? Is there any specific format for this sureties form. Please oblige. With high regards.
sakthi
29 July 2017 at 11:54
Respected Experts, My friend & his spouse is convicted to undergo imprisonment for 2 years. There seems to be some difficulties in approaching the high court inclusive of engaging advocate and its expenditure. My friend is ready to undergo the sentence. They were having one spastic child who is 100% dependent for all his basic needs. If both are imprisoned, the child may be left without care which even endanger the life of child. Is there any remedy to undergo the imprisonment one by one so that any one parent may take care of the spastic child. Any precedent is available in the matter? Whether they have to approach the trial court itself for remedy or the high court for the remedy? Advance thanks for your valuable guidance please.
sakthi
14 July 2017 at 19:38
Respected Experts,
Can a review petition be filed before the trial court itself against the conviction of judgement of the same court as there is an apparent error of law quoting wrong provisions of the section in judgement. Whether the quoting of wrong provisions of section in the judgement carries miscarriage of justice. Section 362 of Cr.PC restricts the corrections of clerical or l arithmetical error only. Please advice and oblige.
sakthi
09 July 2017 at 19:21
Sir,
I am in need of a senior counsel to prefer an appeal against the judgment of trial court before the High Court, Chennai. Experience in CBI cases is much solicited. Interest person may mail to me in sakthi_89@rocketmail.com or send sms to 9524053984.
SAKTHI V
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Copy of judgment - requested - regarding.
Respected Learned Experts, I am facing a criminal case case filed by CBI. I need a copy of the judgment rendered by Calcutta High Court in the case of B.K. Samal @ Bijpy Kumar Sama; vs State of West Bengal. The judgement decided on May 15, 1998. The equivalent citation of the case is B.K. Samal vs State of West Bengal 1998 CCr 1.R (Cal) 398. The judgement speaks about the sanction accorded under Section 19 of the Prevention of Corruption Act, 1988. I shall be grateful if any spares the thread for the judgment or copy of the judgment either in physical or soft copy. I assure that necessary charges shall be borne by me.
Advance thanks to all the Learned Experts in anticipation.