Vijay
14 November 2014 at 19:15
Dear Lawyer friends,
Seek your opinion on Maintainability of compensation suit against chairperson & secretary for an act done with malafide intention.
The action done with misquoting the law and citing the non-existent law.
Kindly opine.
Regards,
Vijay
Wing Commander Shaleen Airon
14 November 2014 at 19:04
Dear Sirs and Ma'ms,
1. I am the Commanding Officer of an independent Air Force Unit in Assam. Being the Commanding Officer, I am also vested with Quasi-Judicial authority.
2. In Sep 2013, a women employee employed on daily wage basis as a ‘Ayah’ in my unit made allegations of Sexual harassment against one of my Airmen (havildar). The alleged incidents happened mostly when I was on leave for am month in Aug-Sep 2013.
3. I asked for the complaint in written from the lady which she gave me. I forwarded the written complaint to my immediate higher authority , which ordered a Court of Inquiry on 15 Oct 2013. The same Court of Enquiry was re-convened by higher authority 3 more times and finalised in Mar 2014.
4. As per the statements of witnesses , the airman was deemed as ‘Blameworthy’. The Immediate higher authority conducted a Charge Trial on 15 Sept 2014. The Authority declared that the evidence be reduced to writing by convening a ‘Summary of Evidence’.
5. Meanwhile, on many occasions , between 16-20 Sep 2014, I was apprised by a civil employee working in my unit that he has counselled the lady to reconcile and told me that the lady was very upset and tensed because no witness had deposed in her favour in the ‘Summary of Evidence’ and wanted to speak to me urgently.
6. I always had a neutral stance and my name was nowhere involved in the matter. However, as the lady also happened to be a daughter of a retired brother soldier (A retd JCO of army) and had worked in my office , I called her.
7. She told me that she wanted to take the case back as she felt very harassed coming again and again for past one year. I again maintained my neutrality . I called her twice more out of sheer concern.
8. On 26 Sep 2014, she came to my office and wanted to give a statement of reconciliation withdrawing all allegations against the airman. I asked her to go to the Presiding officer of Summary of Evidence or the immediate higher authority which was handling the case. She refused , citing her sensitivities that she doesn’t want to go there anymore and everyone knows her case and she is a localite and this might also lead to marital discord.
9. I called in my airman and told him and he accepted her offer. She wrote the statement in presence of 3 more witnesses who were employees of my unit. The other 3 witnesses also satisfied themselves that she was not under any duress / threat to give such a statement and that she had come on her own volition and it was her own desire and decision to withdraw the allegations.
10. I forwarded the statements of reconciliation between the two immediately to the higher authority handling the case. I have not given any decision or any recommendations or wrote that ‘ the case may be closed’ or that ‘the parties have reached a reconciliation’. I simply forwarded the statement of both to the higher authority for their decision on them.
11. Now, the IAF authorities didn’t like this development for reasons best known to them . They instituted another court of enquiry against me to probe if I had any role in influencing or pressurizing the complainant.
12. The lady never didn’t even attend the proceedings of this Court of Enquiry despite repeated requests and calls from the enquiry officer. She has not offered any statement or complaint in this court of enquiry against anyone.
13. The lady has not made any complaint anywhere against me till now in any manner to any authority (military/civil) till date.
14. The court of enquiry didn’t declare me as blamed / blameworthy and the proceedings were submitted to the higher convening authority citing her as ‘absent’.
15. I had pleaded that I am innocent in the whole matter and that I am in fact the one who took the matter to higher authorities for investigation and disposal, i.e. to award a suitable punishment to the offended if he is found guilty. I am aware that the punishment could be a ‘dismissal’ from service , and this is beyond the scope of my quasi-judicial powers and hence the case was forwarded to higher headquarters from the very start . It has been one year, I have not asked any party to reconcile as my name was nowhere involved in the case.
15. Today, I have received a show cause notice from the Command Headquarters asking for my reply and citing an assumed / surmised allegation of ‘ Motive to close the case’, as I have communicated with the complainant on telephone twice or thrice.
16. I am sure to be awarded a punishment by my Command headquarters chief called the AOC-in-C of rank of Air Marshal who is higher in the chain of command than my immediate higher authority.
17. What can I do to help my case? Isnt it wrong to be issued a show-cause / convene a Court of enquiry in the absence of any complaint?
18. Also, I was due for my promotion to the next higher rank after 4 days. The IAF authorities are premeditated to punish me for this ‘assumed / conjectured offence’ and also have delayed my promotion till the whole proceedings are completed.
19. The promotion letter has already been issued by Ministry of Defence. But IAF has withheld my promotion and also hell bent on giving me a punishment for the misconduct.
20. Kindly guide me as to how can I prepare a good defence.
Thank you very much.
vb punde
14 November 2014 at 19:00
I have passed 3-Year LL.B. Course from Pune University in 1998. I am retired person. What is the procedure to get Sanad and start practice now? Is it necessary to appear for any exam now? Pl. guide.
vb pande
shankar dharma kulla
14 November 2014 at 18:52
I had presented the cheque to the party of Rs 5000/- but since it was bounce on his given date. But now the opposite party says that he will lodge the fir against me. this incident happens by last six month of date of bounce in bank. whether his case filed would be acceptable or not and what to do further.
Wing Commander Shaleen Airon
14 November 2014 at 18:52
I am the Commanding Officer of an independent Air Force Unit in Assam. Being the Commanding Officer, I am also vested with Quasi-Judicial authority.
In Sep 2013, a women employee employed on daily wage basis as a ‘Ayah’ in my unit made allegations of Sexual harassment against one of my Airmen (havildar). The alleged incidents happened mostly when I was on leave for am month in Aug-Sep 2013.
I asked for the complaint in written from the lady which she gave me. I forwarded the written complaint to my immediate higher authority , which ordered a Court of Inquiry on 15 Oct 2013. The same Court of Enquiry was re-convened by higher authority 3 more times and finalised in Mar 2014.
As per the statements of witnesses , the airman was deemed as ‘Blameworthy’. The Immediate higher authority conducted a Charge Trial on 15 Sept 2014. The Authority declared that the evidence be reduced to writing by convening a ‘Summary of Evidence’.
Meanwhile, on many occasions , between 16-20 Sep 2014, I was apprised by a civil employee working in my unit that he has counselled the lady to reconcile and told me that the lady was very upset and tensed because no witness had deposed in her favour in the ‘Summary of Evidence’ and wanted to speak to me urgently.
I always had a neutral stance and my name was nowhere involved in the matter. However, as the lady also happened to be a daughter of a retired brother soldier (A retd JCO of army) and had worked in my office , I called her.
She told me that she wanted to take the case back as she felt very harassed coming again and again for past one year. I again maintained my neutrality . I called her twice more out of sheer concern.
On 26 Sep 2014, she came to my office and wanted to give a statement of reconciliation withdrawing all allegations against the airman. I asked her to go to the Presiding officer of Summary of Evidence or the immediate higher authority which was handling the case. She refused , citing her sensitivities that she doesn’t want to go there anymore and everyone knows her case and she is a localite and this might also lead to marital discord.
I called in my airman and told him and he accepted her offer. She wrote the statement in presence of 3 more witnesses who were employees of my unit. The other 3 witnesses also satisfied themselves that she was not under any duress / threat to give such a statement and that she had come on her own volition and it was her own desire and decision to withdraw the allegations.
I forwarded the statements of reconciliation between the two immediately to the higher authority handling the case. I have not given any decision or any recommendations or wrote that ‘ the case may be closed’ or that ‘the parties have reached a reconciliation’. I simply forwarded the statement of both to the higher authority for their decision on them.
Now, the IAF authorities didn’t like this development for reasons best known to them . They instituted another court of enquiry against me to probe if I had any role in influencing or pressurizing the complainant.
- The lady never didn’t even attend the proceedings of this Court of Enquiry despite repeated requests and calls from the enquiry officer. She has not offered any statement or complaint in this court of enquiry against anyone.
- The lady has not made any complaint anywhere against me till now in any manner to any authority (military/civil) till date.
- The court of enquiry didn’t declare me as blamed / blameworthy and the proceedings were submitted to the higher convening authority citing her as ‘absent’.
- I pleaded that I am innocent in the whole matter and that I am in fact the one who took the matter to higher authorities for investigation and disposal, i.e. to award a suitable punishment to the offended if he is found guilty. I am aware that the punishment could be a ‘dismissal’ from service , and this is beyond the scope of my quasi-judicial powers and hence the case was forwarded to higher headquarters from the very start . It has been one year, I have not asked any party to reconcile as my name was nowhere involved in the case.
- Today, I have received a show cause notice from the Command Headquarters asking for my reply and citing an asuumed / surmised allegation of ‘ Motive to close the case’, as I have communicated with the complainant on telephone twice or thrice.
- I am sure to be awarded a punishment by my Command headquarters chief called the AOC-in-C of rank of Air Marshal who is higher in the chain of command than my immediate higher authority.
- What can I do to help my case? Isnt it wrong to be issued a show-cause / convene a Court of enquiry in the absence of any complaint?
- I was due for my promotion to the next higher rank after 4 days. The IAF authorities are premeditated to punish me for this ‘assumed / conjectured offence’ and also have delayed my promotion till the whole proceedings are completed.
- The promotion letter has already been issued by Ministry of Defence. But IAF has withheld my promotion and also hell bent on giving me a punishment for the misconduct.
- Kindly guide me as to how can I prepare a good defence.
Thank you very much.
Deepak sharma
14 November 2014 at 18:45
I am from Bareilly (marriage solemnized in Bareilly) working here in Delhi (rented accommodation), I married in the year 2010, my wife is living with me. I do not have health relationship with my wife.
My in-laws are living in Delhi
My planning is that I send all my house hold goods to my hometown Bareilly which my wife is denying.
Can I send my all the house hold to my hometown?
Is it legally necessary to stay with wife after marriage where you are working i.e Delhi.
Actually my wife fight with me and my mother so I decided to send both of them to my hometown and after that I will start living in Paying Guest (lot of money will be saved of mine)
In the above scenario I will go to my hometown every weekend.
Can my wife sue me in court (IPC) for preventing me to do so?
Please guide me on the above scenario
Is it more or less similar to RCR?
Please guide me actually I got frustrated by my wife wrong attitude towards me and my mother so I decided to send both of them to my home town
Is any police case will be filed in the above scenario
If wife doesn’t stay (RCR) with me for more than one year in spite of my request is liable for divorce at my hometown (ground of cruelty)?
Any Help would be appreciated!!!
kishor
14 November 2014 at 17:48
Sir,
If any central govt. employee got transferred to a new station and he is occupying government quarters at his old place of posting, whether he is entitled to get HRA at his new place of posting or not? If yes, for how many months he will get HRA before surrendering the said qtrs of his old place of posting. Please also quote the relevant portion of Rules.
Thanking you sir!
Regards,
Parul Bhayani
14 November 2014 at 17:37
Sir ,
My relative was a director in a firm from 2002 to Oct 2010. A loan was taken from a Nationalised bank in 2009 , during which as a director , have given personal gaurantee for the loan . The loan was used purchase machinery which is still with the company . After resignation , a new director had been appointed and registered with ROC , form 32, also the bank was intimated alongwith a copy of the form 32. Now if the company defaults in its repayments , is he still liable to the bank as he had given a personal gaurantee. Can the bank issue any notice to him ?
AMAR KUMAR SAH
14 November 2014 at 17:03
Dear all,
We are Tour operator service provider. when i was raising invoice than got confuse about valuation of service tax. How to charges service tax on tour operator service. charges to client = Air ticket+hotel booking+other service Now problem is that should i charges service tax on whole value of tour service or only hotel booking and other service coz when i got air ticket booking invoice from my vendor they have already charages service tax
so if i charged service charged on whole value then there will be double taxation.
Please help me what should i do?
Thanks
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