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Ramesh (student)     09 March 2014

Need help

Dear Sir/ madam,

I need a help to all honorable concern.

Case is as: Victim is female and her father was working with UP govt. Her father died under the severity of illness in 2005. At the time their death daughter was married and having a brother of just 13 years old except this no member was in the family.

During their illness he was with their daughter and she was paying all the expenses of their medical treatment. After death of her father her brother joins law family after that all responsibility owing by the daughter.

After some days a close friend of her father asked to apply for job under the compensation act. As per law a married daughter is not in entitled for compensation for job, but he reply he will complete all the papers work.

She joined job in the year of 2008 .Everything was going fine .His brother got married after  22 years. After marriage his brother and his wife given a written application to the department that that his sister was married and joined job by showing him unmarried and asking to take some disciplinary action.

As per record this information is true and we have also observed some change in document against original. All other things like EPF, GPF, Insurance, property .pension etc is with their brother,

 

The department has setup an inquiry against daughter

I wish to know about what would be the possible action against her

 

 How she can defend herself? Because she did a lot for their brother. 



Learning

 9 Replies

Jai Karan Nagwan (consultant)     09 March 2014

Brother sister should settle amicably. My sincere advise sister got job on compassionate ground and had lifetime security. sister should be honest enough. She should give all benefits to her brother received on her father death.

Sudhir Kumar, Advocate (Advocate)     09 March 2014

No now they cannot settle amicable.

 

Sister has committed fraud and got job fraudulently and the department now knows about the fraud.

 

She has to face the consequences. Her job is at peril and even criminal case can be registered.

 

She can defend herself as per the procedure laid down in disciplinary laws.  You have not revealed who the employer is so it is not cler which rules will apply in this case.

Ramesh (student)     10 March 2014

 

Sir He was with Agriculture department.

 

I wish to know what would be the severity  of consequences 

Ramesh (student)     10 March 2014

 

Sir He was with Agriculture department.

 

I wish to know what would be the severity  of consequences 

Sanjay Malik (Manager- Legal & Compliance )     11 March 2014

that may lead to dismisal or dicharging depending on the outcome of Inquiry, consitituted. Its also amount to a serious offence under IPC, Cheating & Forgery, if criminal compliant filed by department.

Ramesh (student)     11 March 2014

Dear sir,Thanks for your reply .I wish to know After her dismissal her brother can get job? What would the maximum punishments for this offence?

Sudhir Kumar, Advocate (Advocate)     13 March 2014

No her brother cannot get the job.

Sudhir Kumar, Advocate (Advocate)     13 March 2014

In any case brother is married and not applied for job promptly.  Otherwise not eligible.

Sudhir Kumar, Advocate (Advocate)     13 March 2014

regarding quantum of punishment the accused should expect no mercy.  It may result even in dismissal with or without FIR


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