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Raj Kumar Makkad's Expert Profile

Queries Replied : 44370

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    What kinds of questions I can and can't answer?
    Land laws, Matrimonial, Consumer, Land Revenue Related

    My area of expertise
    Civil, Service Matters, Industrial Law, Matrimonial, Consumer

    My experience in the area (years):
    I am legal adviser of various organizations and have experience of more than 20 years in the field of law practice

    Organizations I belong to:
    Union of India, Central Board of school Education New Delhi, Ch. Charan Singh Agriculture University, Hisar, Vaish Education Society, Vivekanand Education Society and various other organizations

    Publications or writing which has appeared :
    Times of India, Legal Chronicle, The Tribune

    Educational credentials:
    B. Com. LL.B.

    Award & Honors:
    State GS of Adhivakta Parishad,

  • adv.durgadas k.kulkarni says : Marriage
    Dear Experts, Please suggest me on the following query. The person who married on 12/06/2010 but on 14/06/2010 he knew that his wife is mentally disordered.Now he want to declare his marriage as null and void from Court.can he do so by filing petition u/s 11 of Hindu Marriage Act? If yes then,how should he prove the fact of insanity of his wife?

  • ravi says : service matter
    INTRODUCTION I R.P.SRIVASTAVA, 56 year old ,male Graduated in Science and Chemical Technology in the year 1975, after an stint of 1 year at Eicher Tractors and 6 years in Kansai Nerolac(erstwhile Goodlass Nerolac), I joined HPCL in 1982 as an Operations Officer in Grade ‘A’. BACK GROUND I joined HP Management Staff Association /Oil Sector Officers Association in 1995 as Treasurer and successfully achieved several milestones under the leadership of my President Shri Ashok Singh viz. large no. of Promotions for the officers in 1995 , Salary Revision of 2000, Revision in C&B issues and host of officer’s welfare schemes etc. Privatization of HPCL/BPCL was opposed by us and finally halted permanently by Hon’ble Supreme Court orders in Sept 2003,later an attempt by then Govt. to merge HPCL with ONGC was successfully stopped by our convincing presentations THE CASE MOP&NG , and HPCL Management were scared of our prominence and looking for an opportune situation to fix us they came across one such event on 6.5.08 , while HPCL officers questioned Management for illegally ,arbitrarily appointing one of their favorite Sanjay Grover (who had resigned from HPCL to join MRPL), 3 grades higher in HPCL as a CEO of HPCL JV HINCOL ,Association appealed the Management to review this appointment and give fair opportunity to all eligible officers. After an amicable settlement , Management backed out and Charge Sheeted me & Ashok Singh on 7.5.08. Enquiry in this case commenced on 16.7.08 and despite our strong protests on illegalities, continued till 7.11.08 I had moved Hon’ble Mumbai High court against illegalities in the conduct of Enquiry and filed a petition no. 2254 in Sept 2008 , Hon’ble Mumbai High court in their order dt 1.10.08 gave me the liberty to approach again in case of an adverse order from HPCL Management . . The DA Dir(M) did not even allow us mandatory 15 days period for replying to the Enquiry officer's report and summoning Dir. HR & GM- HR (mktg.) as witnesses. HPCL summarily dismissed both of us on 12.3.09, my appeal dt 27.3.09 was rejected on 15.7.09 and I was evicted from the company accommodation .Ashok Singh’s appeal was rejected on 21.09.09 and we both were removed from the company by order dt. 1.10.09. MARKER SYSTEM One marker system was introduced in all oil companies (IOC,BPC,HPC) from 1.10.06, and on our instructions an advocate was collecting all information through RTI about irregularities and corruption in the purchase and implementation of Marker system since Nov. 2007 ,all information’s were received on 6.5.08. This marker system was inaugurated by Hon’ble Minister Shri Murli Deora on 1.10.2006 at IOC’s Bijwasan Terminal in presence of Sh. Sajjan Kumar, Shri M.S.Srinivasan and Sh. Ashok Badhwar President of Dealers Association for checking adultration of Petrol& Diesel . In fact MOP&NG even amended the Marketing Discipline Guidelines to facilitate a private supplier to inspect Retail Outlets(Petrol Pumps)and officers had complained to us that Private company officers were extorting Money from ignorant Dealers. Me and Ashok Singh , filed a CBI complaint on 12.5.08, , against then Secy. Petroleum &Nat. gas Sh. M.S Srinivasan and Private suppliers M/s Authentix/SGS , furious HPCL Management in retaliation promptly suspended Ashok Singh on 16.5.08 alleging irregularities at one Sajgaon outlet , to which he was not even remotely connected .HPCL Management even recorded in their Board notes on 29th june 2008 and 30th july 2008 that we will be fixed & penalized . We both appealed to CVC for whistle blower protection under Govt. of India’s resolution and even met Vigilance Commissioner personally to apprise him of the case on 6.6.08, 21/22.7.08 and 7.8.08 , instead getting us protected, our miseries compounded and HPCL Management unleashed chain of atrocities on me and took a vow to finish us once and for all. Management served me 2nd charge sheet on 30.7.08 for displaying some marker related report on Association notice board on 6.6.08(that day I was in CVC's office at Delhi which has been confirmed by CVC in response to a RTI) , in fact this so called confidential Marker report was already published by a website Indianpetro.com on 21.5.08 it self .Enquiry in this case commenced on 21.11.08 and abruptly discontinued on 18.2.09BY Enquiry Officer. Since May 2008 , Management was looking for an opportunity to remove me from the company and in this process, they evicted me from my office on 15.10.08, and made to sit under stairs case , took away assistance and curtailed my benefits and even deducted the Salary . Management swiftly used OSOA strike of 7-9th Jan 2009 to fix me and implicated once again into a false charge of instigating the officers and suspended on 9.1.09. It is noteworthy that I myself had not even participated in that strike and was on duty . Basis a news item on Marker system , which appeared in TOI of 4.6.08, a PIL No. 60 was filed in Mumbai High Court on 16.6.08 ,by a social activist Shri Simpreet Singh, Hon’ble Mumbai High Court ordered CBI enquiry in this PIL case on 23.10.08 , and the marker was abruptly discontinued by all oil companies on 31.12.08,As per news item in Indian Express dated 5.10.08 and TOI dated 16.6.09 the marker was not tamper proof and launder able by ordinary clay. It was also established by HPCL appointed R&D advisor that it was carcinogenic in nature( could cause cancer in human being), still despite court orders oil companies placed order for 3 months from ( 1.10.08- 31.12.08) and marker doping was continued.CBI has already filed PE in this case on 29.4.09 against the Secy. Petroleum ,Private supplier and OMC (oil marketing company)officers.CNN-IBN in their news telecast on 21.9.09, have confirmed that supplier Authentix was already a black listed company abroad named as ( BIOCODE) and CVC has ordered CBI enquiry against erring senior Ministry officials . Our case is a glaring example of abuse of Authority by those in power , whether beaurocrats, politician and victimization of Honest , upright and Bold officers who dared to expose corruption in High places . There is a determined effort by all powerful C&MD HPCL and its directors to circumvent laid down procedures , harass, humiliate and even sacked officers like us to demonstrate other colleagues in the Oil Industry, that they will meet the same fate , if they even dared to question Management decisions. Whatever we had complained to CBI has been vindicated.The entire action against us is in retaliation and revenge by HPCL Management for filing CBI complaint. Respectable Madam , our life has been ruined by these Greedy , corrupt officials and leaders , you are our last hope before we exercise the options , available under the Law.As a stake holder and President of this Nation and 51% shareholder of HPCL , this company has lost more than Rs. 10000 cr. of Market capitalization because of corruption Mismanagement and frauds of present HPCL Management. Prayer 1. We are reinstated in HPCL with our full back wages and career progression . 2. The guilty officers are brought to book , through an impartial , fair enquiry by CBI ,as ordered by Hon’ble High Court and CVC.

  • ravi says : service matter
    dear shri makkad , We are whistle blowers , dismissed from service filed our petition in mumbai high court can send a copy to you on mail for your expert advice. R,.P.Srivastava 09820183924 ravi4354@gmail.com

  • Mukul says : Regarding recruitment
    I want to file a writ petition now for my rejection by the army medical board which took place in june 2008. I had been continously corresponding with the department and even mailed the president of india for interference. Nothing was done. Now I have proofs supporting me. But I dont have written communication proofs for 18 months.. What explanation would be suitable for preventing the case to fall in the category of delay and laches.

  • krb says : Family matter
    Sir, Kindly advise me on following matter: Since last 6 yrs wife is living with parents,as unmarried after being victimized for 6-m in Hindu marital home by subjecting her to sexual and domestic abuse without any regard to her illness, mood and prenatal care during her 4-months of pregnancy.She was maltreated by husband and in-laws for not bringing enough home gadgets,not financing debt burdened husband. After 3-m of pregnancy,first time husband took her,not for care and treatment,but for sonogram,showing fetus defective.So,she got further victimized by vindictive husband.He assaulted her in pregnancy,physically,by dragging her from one test center to another and one city to other to procure unethical medical tests and reports from unlawful practices,which were then inflicted upon her,by keeping her parents in dark. His these hectic efforts were only to collect evidences but in vain.He became furious when asked to undergo similar tests. After failure to extort said assets and on wife advising him to get his medical tests before blaming,she was ousted in physically and mentally ill conditions after grabbing her all valuable gifts and her 'Stridhan" with a warning to her and in-laws to face divorce and dire consequences if attempted to meet for reconciliation.However,without any kind of cooperation from husband-side, wife got her forced legal abortion on parent's expenses. Immediately,within a couple of weeks,husband made police case (NC), sent legal notices including writ petition,and did not give any chance to wife-side to contact him. The charges against wife-side consisted of : i) cheating by hiding wife's medical history which resulted in miscarriage. Wife-side refuted and called it baseless and challenged him to have his tests first. Also wife never took any legal action against him, to claim her matrimonial right. ii)Cruelty-In-laws not sending wife for conjugal relationship--the fact was he ousted wife and terrorized them by his legal and police actions without even contacting them.till-date no further attempt by him for marital relationship. iii)His fundamental right got violated as he had say in the matter of abortion, but wife intentionally avoided as she wanted to deliver handicap child so as to blackmail and harass him for maintenance. The fact was he even was not aware of her abortion. iv)Wife with parents looted his house,including her property.Till-date, no action from police nor hisfollow-up action. Now,more than 6-yrs have passed with not a single reaction from wife-side nor any further communication from husband after what he did as above.Even no notice from any court nor from high court. Wife-side considered and equated the whole tragedy by this time with a road-side injury like biting by mad stray dog,and gave emphasis to curing, healing and mental peace in daughter's life, instead of fighting lengthy cases by getting entangled in legal machinery.Even the Laws have loop-holes, resulting in miscarriage of justice. Wife-side even today not bothered to find whereabouts of husband, because they got severely hurt the way he suddenly behaved as stranger with wife after abusing her body,did not even hesitate to harass wife and in-laws by using 498A like charges. Now wife-side wants: 1)To get out of the clutches of husband to avoid any litigation in future, 2)To dissolve the marriage on the ground of irretrievable marriage and if permitted by limitation acts to work in the favor of justice,the wife wants her husband to be punished for his alleged crimes, mainly,i)Dumped wife since last 6-yrs, deserting her forever to live on her fate in unmarried state and as destitute, and without bothering for her whereabouts,ii) taking legal and police action directly against own wife on false and fabricated ground in order to grab her property and to get rid of her on not meeting his demand,iii) Inhuman act and cruelty inflicted on pregnant and sick wife iv) not playing duty of husband and father by ignoring telephone call from Dr who did abortion,v) abused wife by using her body for unlawful medical tests, including collecting blood samples from unhygienic test centers and misusing them as evidence of cheating while filing writ petition. Regards. Note: The query is raised by the relative of the wife who is engineer by profession and has habit of reading articles from different field

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