Sushil Wagh
11 December 2011 at 00:06
SIX YEARS AGO A BUYER BROUGHT A FLAT IN THE SOCIETY. NOC WAS GIVEN BY THE SOCIETY FOR REGISTRATION AND LOAN FROM BANK. THE BUYER APPLIED FOR MEMBERSHIP, DUE TO CERTAIN ANOMALIES THE FLAT WAS NOT TRANSFERRED. THE BUYER WAS REQUESTED TO CURE THE ANOMALIES AND APPROACH BACK TO THE SOCIETY. THE BUYER EVEN AFTER 6 YEARS HAS NOT COME BACK TO THE SOCIETY AND ALSO NOT PAID THE PENDING MAINTENANCE DUES OF THE SOCIETY.IN THE MEAN TIME THE LIEN LETTER HAS ALSO NOT BEEN SEND BY THE BANK TO THE SOCIETY.
NOW THE SOCIETY HAS APPROACHED THE BANK TO SAY THAT SINCE THE SHARES OF THEIR CLIENT HAVE NOT BEEN TRANSFERRED IN HIS NAME AND ALSO HE IS NOT THE MEMBER OF THE SOCIETY THE SOCIETY CANNOT TAKE CARE OF THE LIEN FORCED ON THEM.
THE SOCIETY HAS ASKED THE BANK TO EITHER GET THE FLAT TRANSFERRED IN THEIR CLIENTS NAME OR THE SOCIETY WILL NOT BE RESPONSIBLE FOR THE LIEN.
WOULD THIS ACTION BE RIGHT ON THE PART OF THE SOCIETY TO GET ITS DUES AS IT CANNOT APPROACH THE SOCIETY REGISTRAR AS THE CLIENT IS NOT A MEMBER ?
SUSHIL WAGH
Sushil Wagh
24 January 2010 at 22:53
ONE OF MY COLLEAGUE HAS BEEN SUSPENDED FROM SERVICE CENTRAL GOVERNMENT INSTITUTION.
A. UNDER WHAT CIRCUMSTANCES CAN A CENTRAL GOVERNMENT EMPLOYEE B SUSPENDED
B. 3 SHOW CAUSE NOTICES HAVE BEEN ISSUED TO HIM EACH OF DIFFERENT CASES, WITH MAJOR PENALTY, ON SUBSEQUENT DATES ONE AFTER ANOTHER, IS THIS RIGHT?
HE IS LOCATED IN BOMBAY, CAN ANY ONE ADVISE HIM IN THIS MATTER AT THE EARLIEST.
Also let me know under what rules, modalities required can a government employee be suspended, is it a discretionary power by the Competent Authority or there are certain norms and requirements under which suspension can be done. Are there any remedial measures 4 the employee like approaching the courts and obtain a stay. Can an RTI application be filed to look into all the papers of suspension by the employee?
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Departmental inquiry
IN A DEPARTMENTAL INQUIRY DISCIPLINARY AUTHORITY HAS RELIED UPON FORENSIC HANDWRITING EXPERTS TO BRING FORTH A CHARGE AGAINST A CHARGED EMPLOYEE. THE DOCUMENTS RELIED UPON IN THE CHARGESHEET DO NOT INCLUDE THE STAMPED AND SIGNED DOCUMENTS SENT BACK BY THE FORENSIC LAB BUT COPIES THEREOF BEFORE BEING SENT TO THE FORENSIC LAB. ALSO THE SAMPLES HANDWRITINGS SENT TO THE FORENSIC LAB BY THE DEPARTMENT HAVE ALSO NOT BEEN PROVIDED ALONG WITH DOCUMENTS IN THE CHARGESHEET NOR THERE IS ANY MENTION OF THE SAME. THE REPORT OF THE FORENSIC DEPARTMENT ALSO DOES NOT NAME THE PERSON ACCUSED IN THE CHARGESHEET. IT SIMPLY SAYS THAT THE HANDWRITINGS OF THE SAMPLES AND THE DOCUMENTS TO BE VERIFIED MATCH.
THE PROSECUTION DURING THE COURSE OF THE INQUIRY HAS NOT APPLIED OR BROUGHT ANY DOCUMENTS SUCH AS SAMPLES SENT TO THE FORENSIC LAB ON RECORD OF THE INQUIRY PROCEEDINGS NOR THE STAMPED AND SIGNED DOCUMENTS SENT FOR VERIFICATION ARE ON RECORD OF THE DEPARTMENTAL INQUIRY.
THE FORENSIC EXPERT DURING CROSS EXAMINATION HAS DENIED THE DOCUMENTS AS THAT PROVIDED ALONG WITH THE CHARGESHEET TO THE ACCUSED AS THEY DID NOT CONTAIN HIS SIGNATURE AND STAMP.
AS THE DOCUMENTS WERE NOT RELIED UPON BY THE PROSECUTION AND THE BURDEN OF PROOF IS ON THE PROSECUTION TO PROVE THE CASE. THE CHARGED EMPLOYEE DID NOT ASK FOR THE DOCUMENTS AS MENTIONED ABOVE TO CONTEST THEM AS THEY WERE NOT BROUGHT FORTH BY THE PROSECUTION TO PROVE THE CASE.
THE INQUIRY OFFICER HAS DECLARED THAT THE CASE HAS BEEN PROVED WITHOUT TAKING THESE FACTS INTO CONSIDERATION.
KINDLY HELP ME WITH THE FOLLOWING:
1. PROVIDE SOME CASE LAWS ON FORENSIC EXPERTS OPINIONS.
2. CAN DOCUMENTS NOT ON RECORD OF THE DEPARTMENTAL INQUIRY BE RELIED UPON BY THE INQUIRY OFFICER TO PROVE THE CASE AGAINST THE CHARGED EMPLOYEE.
3. PLEASE HELP HOW TO GO IN APPEAL TO THE APPEALATE AUTHORITY IN THIS CASE
4, WHAT ARE THE OTHER AVENUES FOR THE CHARGED EMPLOYEE TO SEEK JUSTICE AS SHE HAS BEEN TERMINATED FROM SERVICE.
THANKING YOU,
WITH REGARDS,
SUSHIL WAGH
LAW STUDENT