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yogesh   02 October 2009 at 13:48

case laws wrt to roster system

I need case law on theservice matter which says that "roster is to operated on the principle of replacement which says that vacancies caused by the retirement of persons occupying those points shall be filled by appointment of persons of respective category"

Here in the above, the appointment authority has wilfully transferred the seat into other category ignoring the right of waiting list person of the respective category

Please provide the case laws

Regards

Suresh C Mishra   30 September 2009 at 19:28

supreme court on the places of worships at public places

In the colonies develpd by the develpmt. autho. in most of cases No place of temple or Masjid or church etc was left and there were living more than thousands of people in the several places , Now the colony peoples have made temples mostly by the Hindus in the parks of LDA or DDA etc .
By the judgement of HOn. SC as in news will chnage the scene and all the temples will be destructed by the Governments. or there will be some other definition of public places .
IS It violationn of fundamential right of religion in out country ?

Kamal Grover   29 September 2009 at 00:23

Time period

In CWP there is a time limitation of writ i.e 6 months, whether we can enforce it if any writ is pending from the last 8 years.

Member (Account Deleted)   28 September 2009 at 22:49

Citizenship in the Government Gazette

1) If a foreginer acquires Indian citizenship by registration or Citizenship by naturalisation, did his / her name, address and other details publish in the Government of India Gazette?

2) Can we get details of nationalities who acquired indian citizenship from the bureau of immigration?

3) Is it comes under Right Information Act?

Sarvesh Kumar Sharma Advocate   28 September 2009 at 12:56

482 cr.p.c.

complaint file by ledy,accused move to h.c.,find stay till filing the charge sheet,
c.s. has been filed,matter goes to midiation centre,
lady denie ,
now stay is remain continue ,date comes but case not take -up.
wht can be do?

nagesh   26 September 2009 at 08:55

Illegal conversion by Delhi Govt

Please advice how teachers of Delhi College of Engg can take up this issue to revert back the decision of Delhi Legislative assembly in converting DCE in to DTU

NEW DELHI: Delhi University Vice-Chancellor Deepak Pental has written to the Lt Governor of Delhi stating that the legislative assembly of NCT of
Delhi has no constitutional or statutory power to make a law affecting the operation of Delhi University Act and that Delhi government has violated the DU Act by not seeking the Centre's approval for converting Delhi College of Engineering into Delhi Technological University.

Pental, in his letter written on September 7 (a copy of which is with this paper) to Tejendra Khanna stated that "Delhi College of Engineering is one of the constituent colleges of the University of Delhi under statute 30 of the statutes of the University of Delhi, and the name of the college also figures under the statues of the university. The statutes of the University of Delhi have been framed under Section 28 of Delhi University Act with the previous approval of the President of India in his capacity as Visitor of the University of Delhi. Therefore, it becomes mandatory for Delhi government to seek approval of the Central Government before notifying the said Act in its official gazette.

The letter also alleges that DTU Act 2009 has violated statue 30 of the statutes of DU according to which its constituent or affiliated institution may not suspend instruction in any subject or course of study which it is authorized to teach and teaches without the permission of the executive and academic council.

The letter further says that the "teachers of Delhi College of Engineering are teachers of the university and that the legislative assembly of NCT of Delhi cannot make a law with respect to any matter mentioned in the Union List i.e. List 1 in Schedule VII to the Constitution. Entry 63 in List 1 mentions, among others, Delhi University.''

nagesh   26 September 2009 at 08:42

national disrespect

If the map of India showing "kashmir in Pakistan" is used by a Vice Chancellor in his University Prospectus, which IPC/any other act is applicable for punishment?

Rajneesh Madhok   25 September 2009 at 21:48

FAA given date & time of hearing Malafide intention

FAA GIVEN DATE & TIME OF PERSONAL HEARING WITH MALAFIDE INTENTION.

First Appellate Authority (FAA)
Today on 25th Sep 2009 FAA had fixed the date of hearing at 11 AM in Secretariat. At every stage there is a great drama. The address of hearing was given Room No. 507, Mini Secretariat, Punjab, Chandigarh by the FAA . On reaching the specified office on 5th Floor of Secretariat. I was told that there is no office of said FAA . Then I came to the point and enquired about all the offices concerned with School Education in Secretariat. There were 5 Secretaries of School Education. (All I.A.S. officers). As I had been served the notice and I continued my search for (Education-6 Branch), Education Department, Punjab Govt. Ultimately I succeeded in locating the office of Education-6 Branch. It was on the 2nd Floor and the office of the concerned officer was located in 207. In the notice it was not mentioned about the name of Special Secretary School Education.
On enquiring from the Superintendent I got the clue the case is concerned with this department. When I enquired about my hearing. I got an amazing reply that Mr. R.L. Mehta has gone to Maharashtra as observer on election duty. I said Sir, I had been served the notice to attend the hearing. He said all of the sudden he has been deputed for the same and secondly pointed out that there is no use to attend the hearing. As no body comes to attend personal hearing. I said I had requested several times to attend the personal hearing on phone and in my application as well. He said the respondent don’t come to attend the hearing so I think it is useless to waste your time. Secondly you have the matter concerned with Private School. The Private Schools don’t come in the purview of RTI . I said The Hon’ble FAA has himself mentioned in his notice served to the District Education Officer (S.E.) that “though you have written in your reply in Letter No.**** dt*** that the school is completely private school so the information can not be supplied to you.
Now Rajneesh Madhok has mentioned that the said school has got grants from the Govt on different works, like purchase of land, construction of building etc. So, you are directed to send your remarks whether the school has got the grant in any shape or not. If any School has got grant then it will come under the purview of the RTI .

On my this argument he directed me to go to Superintendent of Education III. Then again he directed me to go back to the same Superintendent. Then I was directed to go to Mr. J.S. Grewal, Secretary, School Education. The Superintendent of the Secretary said that we have not got any file from the concerned department so the hearing can not be attended by the Secretary. Then I was directed to go to Special Secretary, School Education Mr. Krishan Kumar’s office. Office Superintendent directed me to go to the same office and contact the superintendent of Mehta Sir. I was astonished to note when I submitted my Written Submission with regard to hearing the concened staff don’t accept the written submission saying first of all the Special Secretary will mark then we accept the letter and enter in diary.
The FAA is located 120 Kms far from my residence. I have to suffer mental and physical torture and wasted undue expenditure and wasted my time and energy due to the highhandedness of the FAA . I tried to save precious time to go to attend the hearing in SIC. In case the matter had been settled at FAA ’s level.

Though to attend the hearing was optional on my part, I attended to get the fruitful results in first hearing. Is it not wastage of time and energy and PIO has no botheration and is not concerned with the hearing. Only the appellant is being suffered.

Now what should be the next action kindly suggest. Whether I should write to the FAA in harsh tone that he has wasted my time to invite me on hearing and tried to serve notice with malafide intention. Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved. But he had not having good intention.
Whether there is a provision that FAA could be called for presence in Second Appeal . Whether I should report the matter to the SIC and file the application under Complaint . I know FAA will not be penalized in any case.

Secondly should I claim under Section 19(8)(b) to compensate the complainant for any loss or other detriment suffered. I hope only the solution the department will be having to conduct the departmental enquiry and no body will be pin pointed for the responsibility of the negligence. Can SIC can pin point the negligence and responsibility of FAA . The loss of public money involved by way of compensation being caused due to the neglect of FAA , the loss will be recovered from FAA . Will it be? Will SIC take such actions? Whether any day we shall get justice from the lobby of these babus. I request the learned friends to throw light and guide me about the next step.

As the Secretary is the head of the department. So, nobody can charge sheet him. So, the enquiry can not be made. Sir, the need of the hour is to take penal action against FAA , but there is no such provision and secondly the Commissioner will not like to take action on FAAs.
CHRONOLOGICAL CHART:
Date of Application: 1/8/09
PIO replied on: 13/8/09 received by me on 17/8/09
First Appeal : made on 19/8/09
Hearing date fixed by FAA : vide letter dated 9/9/09 received by me on 14/9/09

Rajneesh madhok,
B-xxx/63, Nehru nagar,
St. No. 2, Railway Road,>>
Phagwara-144401 (Pb)>

Dr.Gaurang N. Gandhi   25 September 2009 at 21:33

Language of suit at the time of filing....

Seniors

Please solve my query quickly.

today in one case under sec.138 of N.I. act the advocate of accused demanded to translate the whole suit in vernancular language i.e. in GUJARATI, in JMFC.

We r generally doing court proceeding in english.

Is there any article/ section/ or latest judgement that make compulsion to do so?

Pl source me judgements in favour and against us.

It is very urgent for us.


judge also urged us to do so if we fail to prove that there is no such provision that bind us to translate the suit in Varnencular...

Member (Account Deleted)   24 September 2009 at 20:35

OUR PREAMBLE

Our Indian Constitution's Preamble says



WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a _1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the _2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

MY QUESTION IS: 1) AS PER OUR PREAMBLE IS THERE ANY SOCIALIST IDEALOGY IN OUR COUNTRY AS THERE ARE RESERVATIONS FOR DIFFERENT CATEGORY COMMUNITIES?

PLEASE CLARIFY.
riven