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P. Venu   05 May 2015 at 12:42

Change of inquiry officer

This topic was earlier posted in the Forum to elicit discussion on the questions of law involved. However, it appears, the topic remained unnoticed by the learned experts, other than Shri Vashista. Hence the matter is posted as a Query:

In a Departmental Inquiry (Disciplinary Proceedings) under CCS(CCA) Rules, 1965 the Inquiry proceedings had been completed by the first week of December 2014 and the Presenting and Charged officers have submitted their written briefs to the Inquiry Officer by the end of Decmber 2014 and second week of January 2015 respectively. The only task remaining has been the submission of Iquiry Report, which in the normal course should have completed within a period of three months i.e. by the second week of April.
However, the Disciplinary Authority, by the Order dated 23rd April has appointed another Inquiry Officer citing the reason that the Original Inquiry Officer could not complete the Inquiry due to the completion of tenure in the Department before the final report could be prepared.
The Order is strange in more than one way: it does not cancel or rescind the appointment of the First Inquiry Officer nor is a copy of this Order endorsed to him. Secondly, the completion of the tenure has not been a new development. It was well known that his tenure was to complete on 16th January. Surprisingly, the new Inquiry Officer has been appointed more than three months thereafter. All that the new Inquiry Officer has to do is to prepare the final report.

Is the appointment of the new IO said to lawful or legally required?

Can the inquiry report prepared by the new IO said to be accordance with the provisions of Article 311?

Is not the new development repugnant to the provisions of CCS(CCA) Rules and discipline of the Constitution?

manojsingh   05 May 2015 at 11:02

Park developement

Hi Sir,
I am a software engineer, I like to develop Park in our village.
Issue: Before 20 year ago village people allow a person to make wooden shop and later on he make it a hut. Now before few month back shopper want to make it as their home and village people destroy his shop and everything. Now shopper has filed case to village people for theft and also make 'Diwani'.

I need that land for social work (park development)..

Can we cancelled case?
Can Clean India Mission help me?
what is difference between varg 6 abadi and gram sabha land.

There is SC order to vacant gram sabha land but if that land come into varg 6 land what we can do?

Thanks Sir,
Please reply me.
Thanks Again

Mansoori Zubair Salim   05 May 2015 at 10:23

Claim of mother estate after her death

Hi,
One of my Assessee Mother is dead suddenly without executing will. she has only one son i.e. the Assessee. The mother of the Assessee had not file any income tax return in his lifetime she had total Estate of Rs. 1 Crore including Fixed Deposits, Cash in Hand, Immoveable Properties etc. In fixed Deposit she had makes Nominee to his son. Now the question arises that
1. whether son has to pay any tax like Income Tax, Wealth Tax etc. on receipt of these cash, Properties & Fixed Deposits on which mother had never paid any Income Tax ?
2. How to claim the fixed deposit amount from bank?
3. How to Treat these Estates in Assessee Books of Accounts?


Awaiting for yours Valuable & Helpful Replies.
Thanking You.

CA.S.Selvakumar   05 May 2015 at 08:47

How to transfer a property to public charitable trust?

Dear Friends,

What are all the ways with reduced Stamp duty value available to transfer of immovable property to Public Charitable Trust?

Please give your views

Anonymous   05 May 2015 at 08:19

Rejection of AADHAR update 3 times

I, a resident of Mumbai had got my name changed which I wanted to update in my AADHAR. I have to tried to do this 3 times but my application keeps getting rejected. I have given valid documents for name change. First I gave the publication of name change in Maharashtra Gazette. The second time I sent it by post. And now for the third time I tried to use online portal. I had submitted a certificate of identity by gazetted officer on letterhead as proof. However, yet again it got rejected. I don't know what i'm doing wrong. I'm submitting the documents mentioned on the website and what the call centre executives advised me. Please help. I need to update name in aadhar as early as possible.

ARUN VIVEK   05 May 2015 at 08:05

Procedure to start educational consultancy for abroad

hi,
we going to start educational consultancy for mbbs and md,ms to study in international universities. And also we planning to help students in getting visa and passport.So please advice me about the registration formalities and procedures......

Prakash   05 May 2015 at 06:53

Sale deed executed on a third party purchased stamp paper

Dear Experts,

1) In a civil case, sale deed submitted by the Respondents is found to be written on a stamp paper which was purchased by a third party on his name. This third party is way related to the buyer or the seller. Whether this sale deed is legally valid ?

2) The case has reached to the Evidence stage and the above deficiency is now noticed by the advocate who is appearing for the Respondents only.(Plaintiff's advocate is not yet observed it).

How to take the case further.
Please offer your comments/suggestions.

Thanks & Regards,
SP

Pamaraju Bala Murali Krishna   05 May 2015 at 06:03

Complaint against neighbour who constructed in my land

Dear sir,

my neighbour who is a local politician in Hyderabad constructed entrance to his newly built house from my land by breaking my house compound walls. What options do I have to take action legally in India as per constitution?

Regards,
Murali

Anonymous   04 May 2015 at 23:56

interlocutory application in suit

Sir
I filed partition suit which declared preliminary decree for division of property. As the matter stood so cosharer filed forged unregistered relinquishment deeds claiming my share after declaration of my share. Court dismissed the interlocutory application. The cosharer again filed 3 lnterlocutory applications which were dismissed without admission as not maintainable. The cosharer gone for revision in high court for stay which was not granted by court.

Now can the cosharer go for an appeal in an interlocutory application in a partitoon suit pending for final decree
Please kindly advise how can the cosharer be granted liberty to appeal against interlocutory application dismissed by trial court when the revision in the high court is disposed without granting stay
MS

Goapl Garg   04 May 2015 at 23:42

Co-owners of land not cooperating with me

A plot of Land was bought in the name of 17 persons belonging four families known to each other and the consideration was paid equally by every person and conveyance is done vide seven Sale Deeds by different family members who sold their individual shre in the common plot.I am one of the co-owner in respect of the plot.The seven title deeds are with one of the head of one family group.
The issue is that one group of family(having the original title deeds) is now not cooperating for its sale, use, development or otherwise.Neither they are allowing others to get out of the plot by selling their shares,resulting a bad investment.

what steps are advised to:
>stop the sale by fradulency by group having original title deeds,
> for the safe custody of title deeds with someone who is not interested party but may act as custodian,
> arrange its sale at fair price and distribution of proceeds in fair way.?
please advise....