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MDS TYAGI   08 September 2016 at 19:04

Illegal order of suspension issued by lower authority

Suspension Order dated 22.08.2016 (received on 24.08.2016 at 5.25 pm ) issued by CMD, vide which I have been placed under suspension with immediate effect. No allegation is mentioned in the suspension order.
2.Appeal has been made on 29th August to the Board under rule 36 of Conduct, Discipline and Appeal (CDA) Rules, against the above said order of CMD, as the Board of Directors is the Appointing Authority, Disciplinary Authority as well as the Appellate Authority in my case.
3.Without serving prior show cause notice, this suspension order has been issued by CMD out of personal biasness and vindictiveness and this order is also illegal being contrary to the extant CDA rules of the corporation as submitted below.
i) CMD has stated in the order that a disciplinary proceeding is contemplated against me, but CMD, not being my Disciplinary Authority as per CDA rules, is not empowered to decide it as the authority vests in the Board of Directors. By stating that, he exceeded his powers making this order bad in the eyes of law.

ii) As stated in the order, CMD has suspended me “in exercise of the powers conferred by sub-rule 1(a) of Rule 23 of Conduct, Discipline and Appeal Rules, as applicable to the employees of the corporation as per the approval of the Board of Directors”. But he cannot exercise this power since, as per Rule 23(1) of the corporation CDA rules, this power has been conferred to only “the appointing authority or any authority to which it is subordinate or the disciplinary authority or any authority empowered in that behalf by the management by general or special order”. CMD is neither my appointing authority nor disciplinary authority nor has been empowered in that behalf by the management by any general or special order. Therefore, this order is illegally issued against me as nowhere it gets reflected in the order that it has been issued with the authority of the Board. No decision/ resolution of the Board for my suspension duly passed by following due procedure is mentioned. The wordings “as per approval of the Board of Directors” mentioned in para 2 of the order merely conveys approval of the Board for applicability of the rule provisions to the employees of the corporation.

4.The suspension order has been issued by the CMD on the basis of his personal bias against me and vindictiveness due to some some specific reasons/ instances.

Query - Whether court will quash the suspension order before my retirement on 30th of this month.

kumar   08 September 2016 at 18:05

Rcr

i have filled divorce case against her. i want to know can he file rcr against me and what will it's effects on my divorce case.i want only divorce not to live with him.

BAIJU KUMAR ROY   08 September 2016 at 16:58

Flats in housing co-operative society in west bengal

I would like to know that as per current law in West Bengal, can flats be constructed for sell on a plot of land in a Housing Co-Operative Society, which is registered under the West Bengal Co-Operative Society Act 1940.

mangesh kurup   08 September 2016 at 16:47

Mcs byelaws related

1. If Model bylaws of society is adopted in AGM with 2/3rd majority, is it necessary to MC to act within limitations of those adopted bylaws?
2. Can society draft set of rules and fines in AGM?
3. Does these rules created needs approval from Registrar of societies?
4. If MC acts against the AGM crafted rules or selectively applies the rules, what member can do?

Any help in resolving queries will be highly appreciated.

Anonymous   08 September 2016 at 16:28

What to do for bail

How how long coat can hold a prisoner in jail without having chargesheet in case of 498A /406/34.

Magee   08 September 2016 at 15:53

Distric warrant issued -due to no maintance paid

Dear Sir,

In my DV Case court order to my husband paid interim maintain but last one year he not paid signal money to me. last week court order to issued District Warrant to my husband.
1. What is district warrant : can police arrest him .
2. Now my husband is out of India, then how to serve this warrant to him.
3. What is procedure after district warrant .. ?
4. After How many days we receive this warrant copy... still Judger steno ( assistant ) not type the order ...

Please help me.

Thanks in advance.

Magee.


kumar   08 September 2016 at 15:36

Purush dhan

i have filled a divorce case against my wife. on the occasion of marriage as per custom my family gives jewellery to wife( in common language it is called "chadawa/muhdikhai" ). under the proceeding of divorce can i demand my jewellery back.

Kalpesh   08 September 2016 at 15:15

Love marriage

Hello siri am 26 yrs old and i want to marry a girl which is also same age. Because of inter cast her family is not ready for our marriage so we decided that we will run out and going to get marry but after that her family is doing police case against us so we want to know about the procedure for protection from them .

Please help us
Thank you

V.N.K. MENON   08 September 2016 at 15:05

Dv case

I have not been practicing for quite long time and was working in a private company now retired and is in need for guidance.

BACKGROUND OF THE CASE:

1) My daughter-in-law had gone to her house, taken by her parents under some false pretext. [This process was being done off and on and we did not take it seriously then].


2) Whereas my son received a call from his wife that she was not allowed to come back to sasural.

Further, she had complained to Women’s help line which reads: “LADY CALLER KO GHAR ME BAND KAR DIYA HAI USKO SASURAL JANE SE MANA KAR RAHE HAI ND PCR”.

I HAVE A COPY OF THE POLICE CALL RECORDS OBTAINED THROUGH RTI ROUTE.


3) When we came to know that she is suffering from mental disorder and used to be kept in asylum for a block of 20-25 days and the mental problem was there since school days, they sent a legal notice to my son alleging Domestic Violence (DV) and dowry harassment. This fact was concealed from us before marriage.

4) In our community there is no dowry system.

[ Whereas my elder son is married and we have not asked for any dowry from his wife’s people and they are ready to vouch for the same. Similarly we have not paid any dowry for my daughter as well].

5) Thereafter my daughter-in-law and parents filed a complaint with CAW cell and accused all members of our house alleging DV and insisted for filing of FIR against all of us, rejecting conciliation efforts by CAW Cell. CAW cell asked her to go and file FIR BY HERSELF.


6) After some time received a notice, ADDRESSED TO MY SON ONLY from Police Station to appear in the P.S. as an FIR was filed. AS REQUIRED, POLICE HAD NEVER INQUIRED FROM NEIGHBOURS ABOUT THE TRUTH OF DV COMPLAINT.

QUERY

The fact that the FIR was registered against my son whereas Complaint was made against all of us in the CAW Cell.

In this situation, whether I can file application in the High Court u/s 482 for scrapping of FIR, since FIR is in the name of my son and WE ARE PARTY ONLY IN THE COMPLAINT TO CAW CELL. The important thing is whether my application can sustain/ survive and is in fitness of thing.

SHALL APPRECIATE CONSIDERED OPINION/ COLLECTIVE WISDOM OF LD. EXPERTS TO POINTS STATED, PLEASE.

satish   08 September 2016 at 14:19

police verification

Hello dear Sir/ mam I m Satish Surela and I want to know that in past I have an fir against me during my college time and I went jail for 2-3 hrs and then I charged 2000 rs along with my 5 friends my question is that I m doing preparation for bank exams and if I got selected in bank then it would be create problem during police verification ..recently I m leaving in Jaipur and the incident was happened in Udaipur (Rajasthan)... Plzzz suggest I m very confuse abt it