hage nibo
16 April 2009 at 01:10
Can a person file writ petition under Art.226 without involving any counsel or lawyer? If so what is the procedures?
Is the affidadit accompanying writ petition compulsory to be identified by a lawyer and sworn before oath commissioner?
hage nibo
16 April 2009 at 01:06
What is the procedures to file a writ petition under Art 226 by the petitioner himself(without the help of any counsel/advocate/lawyer)?
Is the affidavit accompanying writ petition is compulsory to be identified by an advocate and sworn before Oath Commissioner?
Vassudev Amonkar
15 April 2009 at 13:42
Hi,
can anybody provide me the latest Judgment of the Hon'ble Supreme Court wherein the Supreme Court has recognised the right to strike.
hage nibo
14 April 2009 at 17:19
ONE OF THE RAREST CASE OF A CLIENT
Treat this Serious & an Urgent Case please!!!
( 1 )
Mr. “A”, a civil govt. servant (clerk) was placed under suspension on 16/04/2002, pending disciplinary proceeding against him under the charges of unauthorized absence from the duties.
The inquiry was ordered and held into the charges of unauthorized absence under the provision of Rule 14 of CCS (CCA), 1965 as per the procedures employed to impose major Penalty.
The said suspension Order was revoked on 27/10/2004 & Mr. “A” joined his duty.
The proceeding ultimately ended only with minor penalty of withholding one periodical increment without any cumulative effect, as defined in Sub-rule (iv) of Rule 11 of the CCS (CCA) rules, 1965 read with FR-24.
The said order of revocation is incomplete and impugned in terms of Civil Service Fundamental Rule 54(B) (1).
Because, Fundamental Rule 54(B) (1) requires that when an employee is reinstated, his (a) pay & allowances to be paid for the suspension period and (b) Whether the said period of suspension should be treated as on duty, should clearly be mentioned in the revocation Order.
But, the Order is silent on as to pay and allowances to be paid to “A” after reinstatement as required by FR 54(B)(1)(a). Whereas, it treated the suspension period, w.e.f 16-04-2002 to 26-10-2004 not in duty for any purpose.
Mr. “A” was imposed only minor penalty as defined in Sub-rule (iv) of Rule 11 of the CCS (CCA) rules 1965 read with FR-24 i.e withholding one periodical increment without any cumulative effect.
Order/Administrative instruction of the Govt. of India runs as:
“Suspension should be held wholly unjustified when the proceedings end with minor penalty. - The Staff Side of the Committee of the National Council set up to review the CCS (CCA) Rules, 1965, had suggested that in cases where a Government servant, against whom an inquiry has been held for the imposition of a major penalty, is finally awarded only a minor penalty, the suspension should considered unjustified & full Pay & Allowances paid for suspension period. Government have accepted this suggestion of the Staff Side. Accordingly, where departmental proceedings against a suspended employee for the imposition of a major penalty finally end with the imposition of minor penalty, the suspension can be said to be wholly unjustified in terms of FR 54-B and the employee concerned should, therefore, be paid full pay and allowances for the period of suspension by passing a suitable order under FR 54-B.
Thereafter Mr. “A” wrote an appeal/representation to reconsider the said Order to the same authority, but a threatening letter was replied on 20/7/2005 that the case may be reopened and reviewed from the beginning {with the case of forging medical certificates that Mr. “A” used in this case to regularize his absent period} if Mr. “A” keeps on arguing it.
And ( 2 )
. Mr. “A” again remained absent unauthorizedly from 01-09-2005 to 31-08-2006 (one full year) from his service without informing his controlling officer, as the officer was not in the station at that time.
Mr. ”A” again rejoined his duties on 01-09-2006, after remaining absent from 01-09-2005 to 31-08-2006.
. Mr. “A” applied for the Extra Ordinary Leave on medical ground for the absence period from 01-09-2005 to 31-08-2006, for regularization of his absent period.
But Mr.
kumar
13 April 2009 at 22:45
iam joined in the indian army as soldier gd trainee in 2003. after 29 days of joining i quit from the training centre without the permission because of i cannot adjust the military life. when i was escaped from the military without the permission my training not started. sir i didn't recieve any communication from the army or police.can i know the reason for army not takin any action?.
sir i know that a job in the indian army is great honour. in that days when i was joined in the army my mental condition was going down.mentaly i was not able to adjust with that situations. one day i was very much depressed and left from the training centre. after that i suffered a lot. i recovered from that condition. and i decided to serve my country as a social worker. now iam serving people. people in my village and my party members saying to me to become a candidate in the next panchayathu election. is any problem to become a candidate.
now i am suffering a lot for the dicision i was taken in the the age of 19 without proper knowldge. to get discharge certificate from the army i have to face a court of inquiry and i have to stay in the training centre for a few days. to stay in the training centre is not easy. i will have to face ragging etc.
so can i know that have any problem to me to become a candidate in the panchayathu election without recieving a dismissal or discharge certificate from the army ?.
kumar
13 April 2009 at 22:43
iam joined in the indian army as soldier gd trainee in 2003. after 29 days of joining i quit from the training centre without the permission because of i cannot adjust the military life. when i was escaped from the military without the permission my training not started. sir i didn't recieve any communication from the army or police.can i know the reason for army not takin any action?.
sir i know that a job in the indian army is great honour. in that days when i was joined in the army my mental condition was going down.mentaly i was not able to adjust with that situations. one day i was very much depressed and left from the training centre. after that i suffered a lot. i recovered from that condition. and i decided to serve my country as a social worker. now iam serving people. people in my village and my party members saying to me to become a candidate in the next panchayathu election. is any problem to become a candidate.
now i am suffering a lot for the dicision i was taken in the the age of 19 without proper knowldge. to get discharge certificate from the army i have to face a court of inquiry and i have to stay in the training centre for a few days. to stay in the training centre is not easy. i will have to face ragging etc.
so can i know that have any problem to me to become a candidate in the panchayathu election without recieving a dismissal or discharge certificate from the army ?.
PRAKASHCHANDRA MARU
13 April 2009 at 17:40
hello all respected experts,
if any lady is deserted by the her husband and after the order of the court donot pay any kind of the maintanance and after taken all efforts as per the maintanace sections and crpc sections which are applicable then also he doesnot pay and he does not arrest becuse of the support of the polcice which kind of the remedy available to my client under the provisions of the constitiunal law
thank u in advance
A.Mohamed Thaheer
12 April 2009 at 15:22
A writ petition was filed by the Administration of Puducherry Administration for quashing the directions of the Central Adminstrative Tribunal, Chennai. Pending disposal of the writ, prayed for stay also against the directions of the CAT. When the case came for hearing, a notice was served to the opponent for reply. The Respondent/Opponent had filed a reply also praying not to grant stay, pending to submit a detailed written statement elaborating the the nature of the case, the relevant rules, and case laws, under the strong belief that the case will be taken up later. But, surprisingly, the writ was allowed without giving a reasonable opportunity for elaborate argument. But, the speaking order which was hastily pronounced has lot of apparent errors on the face of record reflecting incorrect information of facts of the case itself. The facts of the case was totally misconstrued due to non application of mind of the judge with relevant rules framed under article 309 of the constitution.This has led to huge financial loss to the Respondent, being retired senior citizen.
What is the remedy to rectify the wrong judgment pronounced by the judge hastily without giving a reasonable opportunity to the opponent. In this case, the respondent is not willing to go for appeal in the supreme court due to financial stress and also time consuming.
Please advise expert opinion in this case
Dr.Mumbiram
11 April 2009 at 22:40
Artist Dr. Mumbiram is an Indian citizen. His wife and son have German passports. Through various malafide avoidance tactics the local Foreigner Registration Office failed to forward without any reason our application for a 5 year visa extension for our son, who has a German passport, to the Office of the Principal Secretary(special) Home Dept. Maharashtra, who is the competent authority to grant such extensions as well as the authority to seek redressal of grievances against local FROs. Our personal appearances at the Princ.Sec.’s Office, letters and a formal complaint against the local FROs also produce no relief. For a period of over 2 years we were even without an interim visa extension for our son, whose earlier visa had expired in the meantime. We have filed a Writ Petition in the Bombay High Court requesting the court to direct the local FRO and the Princ. Sec.’s Office to grant us the 5year visa extension for which we had applied for over 2 years ago. We have also asked the court to direct the Respondents to pay us compensation for the grievous damages we suffered on account of the malafide inactions of the respondents. In the first hearing the court appeared almost certain to grant our request for the visa extension but we are not so sure about the compensation part. We feel justice will not be fully served if we only get the visa extensions that we should have gotten 2 years ago. We feel we deserve exemplary damages (punitive damages) from the respondents for the damages we suffered on account of the malafide inactions of the Respondents. How should we argue before the court for our request for such compensation ?
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Allowed Writ Petition Certioriri-When Review allowed
In a Writ Petition filed by the Administration for quashing the directions of the Central Administrative Tribunal, Chennai, the Bench allowed the Writ Petition without giving a reasonable opportunity to the Respondent for submitting a detailed counter for argument.
In the conclusion of the Order, the Bench directed the Administration to complete the criminal case for a decision within a period of six months from the date of receipt of this order, so that the fate of the respondent should not hang on balance indefinetly, for getting his retiral benefits.
But, the Administration has not filed even the counter in the High Court, where the criminal case has been stayed in the High Court,in favour of the Respondent.
Whether not compliance of the direction of the High is taken for granted for the comtempt of court?
Whether, a Review Petition can be made over this judgment for the failure of the Administration, and this fact could be brought to the Bench for remedial action?