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jyoti singh (Querist) 23 January 2012 This query is : Resolved
hello sir,
my father is working with "BIHAR STATE WARE HOUSING COPORATION",in 2007 he got attack of brain hemorrhage and paralysis,now he is mentally ok,but not physically,
from that time behalf of him my brother was working,but that (2008)incahrge of office always misbehaving with my brother,he is always scolding to him,and now he said to my brother because of his one small mistake,don't come again to office even he slapped him.
we don't know what will be the solution of this problem,please suggest me what to do .

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Devajyoti Barman (Expert) 23 January 2012
These are all petty office politics which is to be dealt with on personal basis.
Your brother may ask for transfer to avoid the humiliations.
The legal redress is not advisable at all.

V R SHROFF (Expert) 23 January 2012
If He is member of Trade Union, Complaint to office bearer of Union in writing.
State corporation official cannot enjoy liberty of Pvt Firms.

Deepak Nair (Expert) 23 January 2012
Shroff Sir,
I think his brother is working as replacemnt to his father. I doubt that he is not a permanent employee unlike his father. It's only my dount.
what action can be taken in such a circumstance??

Raj Kumar Makkad (Expert) 23 January 2012
I fully endorse the views of Deepak.

The author should satisfy himself that his brother has been adjusted without any legal grounds against his father (no formal appointment) so such person has no legal remedy to raise his voice loudly except to make humble request to allow him to continue his work.

This may be the exceptional case wherein some other person is doing duty instead of departmental employee.

Sudhir Kumar, Advocate (Expert) 23 January 2012
I tend to agree with Mr Deepak Nair. For full appreciation of the case the queriest has to inform :

(I) In what capacity his father was working. (Pmt/QP/Ad-hoc/casual/daily-wager/outsources).
(II) If his father is not physically well has he been boarded out.
(III) Has his brother got job on compassionate appointment as depended of medically boarded out official as possible in Govt sector.
(IV) What job has brother got. (Pmt/QP/Ad-hoc/casual/daily-wager/outsources).
(V) How educated brother is.

It appears that your brother may be having no claim to the job hence one could dare to behave in such unusual way as described. The views of Mr Makkar apparently seem to be the right way.

jyoti singh (Querist) 23 January 2012
Thanks for the respoonse sir.
Yes sir, he didn't get any official appointment.he is a graduate(BA), he already worked there for 3 years without any problem, but suddenly this thing has happen. Since only 5 years is left for my father's retirement. The incharge said that he will give the written complaint to the head office if we complaint against him..and stop the salary...but as it was only a minor mistake he should not slap my brother.. is there any chance that we can complain regarding this...
This is the only source of income to my family we are very much afraid what is going to happen now..plz suggest me regarding this..

R.Ramachandran (Expert) 24 January 2012
Dear Jyoti,
All of you will be in deep trouble if you make any official complaint.
In the given circumstances, as very wisely suggested by Mr. Makkad, you should satisfy yourself that your brother has been adjusted without any legal grounds.

It may look very strange for you to digest whatever that we say - though we claim to be lawyers.

If you have legal rights, then we lawyers would have suggested legal steps.

However, in this case, you are not in a legally correct position. Nor your family position permits taking any legal step.

Therefore please do not mind the slap. If you weight against the back drop of your family needs, you have to suffer the same. Please remember, that it is only by recognising and considering your family's condition that the officers in the Corporation by risking their own employment have accommodated your brother to deputise for your father (in fact according to their records, it is only your father who is working, not your brother). Therefore, if you want your brother to continue to deputise for your father (which is not legally prmissible) better try to apologise, request and get the officer's permission to get your brother continue, at least till your father attains retirement. Or in the alterntive, ask your father to submit his voluntary retirement, and get the pensionary benefits without any legal hitch.

Then your brother should try for a job elsewhere.

Deepak Nair (Expert) 04 February 2012
Rightly advised by Mr.Ramachandran.