Can practicing lawyer be dependent on his son(govt servant)
kannoni manch
(Querist) 01 September 2016
This query is : Resolved
Dear Sir,
I am working in an autonomous body as an accountant in delhi and my father is a lawyer registered with bar council in small town of UP. He is having practice for the name sake(brief less) , neither he file any income tax return nor he has any other income (Rent/FD interest). Since he is high diabetic patient and hardly visit to courts. I have shown my parents as dependent in my office and claiming LTC and mediclaim from the office. Issue is that one of my rivals have filed RTI application in my office asking my dependent details and bills of LTC and medical. In another RTI , he is asking as why my office is not taking any disciplinary action against me as i have shown my Lawyer father as dependent. He does not know the reality. Its a matter of Substance over form.
I am transferring amount to my fathers amount each month for their living hood. an that too can be proved through his bank statement. Please advice me what to do in such a case.
My office has issued me show cause as how my parents can be dependent .?
Sudhir Kumar, Advocate
(Expert) 02 September 2016
You have to take the matter seriously.
You can be liable for disciplinary action which can even result in dismissal from service.
what is the income of father.
if he is not earning within taxable still why he doe snot file return of zero liability.
it is not the question if he has a tr4ade license. whether he has income above the level prescribed by govt for a parent not to be dependent.
P. Venu
(Expert) 02 September 2016
The question is whether your father is fully dependent on you. As per the norms followed by the Government of India, a member of the family whose income from all sources does not exceed minimum family pension inclusive of dearness relief, as prescribed by the Government, is deemed to be wholly dependent upon the Government servant.
You may verify the norms in force in your organisation and reply to the show cause. If need be, the reply could be supported by an affidavit from your father.
Rajendra K Goyal
(Expert) 02 September 2016
The information asked is of personal nature, may be denied by the department.
Your father should file return / have some authentic proofs of income whatsoever he is earning.
You should discuss with some experienced consultant and reply the explanation letter received by you.
Kumar Doab
(Expert) 02 September 2016
You can benefit from the advise of experts.
Raj Kumar Makkad
(Expert) 02 September 2016
As your father is a brief-less lawyer having no income from the work of court and remains constantly ill hence he can very well be regarded as dependent over you. Merely registration with Bar association do not ensure definite income so you need not to worry. First ensure department refuses to provide information as sought by your opponent and even if provided, you can easily defend yourself.
Sudhir Kumar, Advocate
(Expert) 03 September 2016
Agreeing with Mr Makkar I will add.
It is not merely having a profession which is relevant. What relevant is the whether the parent is having an income above the limit prescribed by govt for him to be dependent (which is generally not very high and is less than minimum pension). Of you can prove that your father did not have income above that limit then you are fully entitled to take both parents as dependent for all purposes (LTC/Medical etc).
Unfortunately as you said your father is also not filing income tax return. But being severe diabetic he will be having medical advise to take rest.
Rather it is for the accuser to prove that he is having an income.
Sudhir Kumar, Advocate
(Expert) 03 September 2016
Inpsite of agreeing with Mr Makkar I do hold my previous views and add as under.
Even if mistakenly, the present dealing authorities decide that you are making a fraud claim. Such decision can be by prejudice (i.e. some dealing official having grudge against lawyers or against you in person. If such wrong course is adopted then process of law is set against you which is very cruel . The whole deptt (including next incumbents on these chairs) will act against you with full zeal.
You have to prepare being careful of the fact and prima-facie treating yourself friendless.
Guest
(Expert) 03 September 2016
I wonder, if you don't know the solution of your academic query, when you are a Kanooni Manch in yourself!
Even if some truth is there in your description, you should know that instances of remittances to your father have no relevance or proof of your practising lawyer father's depenedance on you, so far as the application of conduct & discipline rules on you are concerned.
If you can justify, reply to the show cause notice to the department. If the authorities are not saisfied, they can issue you a charge sheet also.
So, your justification to the authorities must not be manipulated to bring you in some more grave situation.
Kumar Doab
(Expert) 03 September 2016
Sit with a very able counsel specializing in service matters and submit a suitable reply to SCN.
Advocate. Arunagiri
(Expert) 03 September 2016
By registering as an advocate your father is an advocate. If he is not having income or sufficient, he is dependent on you.
Your department can not initiate action on you.
Rajendra K Goyal
(Expert) 03 September 2016
If department proceed against you, you can defend yourself in inquiry.
It would be difficult for the department to prove income of your father,
Sudhir Kumar, Advocate
(Expert) 03 September 2016
No.
I may not agree.
in the name of pre-pondenrance of probability the deptt can resort to any imagination.
Kumar Doab
(Expert) 03 September 2016
Sit with a very able counsel specializing in service matters and submit a suitable reply to SCN.
P. Venu
(Expert) 03 September 2016
Even if a disciplinary proceeding is initiated, the onus of proof rests with the Department. Preponderance of probability is not synonymous with mere surmises and conjectures.
Sudhir Kumar, Advocate
(Expert) 04 September 2016
I wish if it could really work as Mr Venu described.
In practice preponderance of probability is is a very effective took with management to assume and presume and conclude the facts which never happened
Sudhir Kumar, Advocate
(Expert) 04 September 2016
At this stage he need not run after highly paid able counsels. He just need to collect evidence that his father's income is below limit prescribed for him to be independent.
Guest
(Expert) 04 September 2016
Mr. Sudhir,
Preponderance of probability is a very vague term, as it is nothing except a sheer presumption and cannot be justified in quasi-judicial proceedings, like departmental inquiries.
Although in most cases the administration/ management work merely on presumptions, but still in the interest of natural justice, the well laid law cannot be ignored that intends to say 'burden of proof lies on the prosecution."
However, your second point about collection of evidence in favor of the statement of the author can be taken well.
Guest
(Expert) 04 September 2016
Dear Mr. Sudhir and Mr. Vehu,
Further, I don't think there is any use in expressing our additional argumentative opinions in an academic query. Although I have already pointed out towards the assumed name of the author, Kanooni Manch, but probably, nobody has taken note of that.
You may well realize that such an assumed name, "Kanooni Manch", can be taken only by a law student or a law knowing person, but not a layman employee of any organization.
In my view the query of the author is nothing except an academic query, smartly adapted by the author to mislead the experts to take it as if a real problem.
Kumar Doab
(Expert) 04 September 2016
Sit with a very able counsel specializing in service matters and benefit from the considered opinion of Expert be it; academic query, real issue, mock test. etc
Rajendra K Goyal
(Expert) 27 September 2016
In the given situation agree with the expert Kumar Doab.
