chitra gupta
05 November 2012 at 20:51
aservice oriented company has issued an a/c payee cheque to its suspended employee(dtd. 04/04/2012) against his long pending subsistance allowance( amounting to Rs.4laks)but with a forwarding letter dtd.24/10/2012) handed over that cheque to the employee on 28/10/2012.....when the employee contacted its bank to deposit that cheque for clearance the bank had refused to accept it on the basis of the Reserve bank of india directives>bank should not entertain such a cheque if it is presented beyond the period of three months from the date of issuance of the cheque/instrument.the ill fated employee then tried to contact its employer but the company is not entertaining the employee...the employee has issued two letters to the company (regd post) but no reply has been received till today.is it not the company cheating its suspended employee with malafide intention ? how we can assist the employee ?plz. advise.
Advocate M J
01 November 2012 at 18:33
Good Evening Respected Members
Sir "XYZ" is a public limited government registered financial institution, and my client is a retried school teacher. he had asked for some clarification from the above said financial institution in regard to his home loan account,the information was not given to him.
thn under RTI act we had claimed for the documents mentioned below:
i) Loan Amount: Rs 19,90,000/-
ii) EMI’s : Rs 20,041/-
iii) Till date how many EMI’s paid: ??
iv) Till date principal paid: ??
v) Till date interest paid: ??
vi) Till date exuberant overdue chargers collected: ??
vii) Balance to pay: ??
viii) Till date how many EMI’s completed: ??
ix) Till date how much interest has been enhanced as per RBI GUIDELINES copies of the RBI GUIDELINES for the enhancement to be enclosed
WE had addressed the claim of documents to the manager, on my letter head.
Now the financial institution had sent me the reply stating that "the RTI Act is not applicable to said Financial institution"
According to my knowledge all private and government sector are applicable of RTI act. And every citizen has a right to claim the documents under RTI aCT.
Since this registered government financial institution is denying to give the documents under RTI act. WHAT is the next course of action can be taken against them according to the court of law.
thank you
R.Sreenivasa
31 October 2012 at 14:15
Hi! I am Sreenivasa Rao residing at Hyd. completed Graduation. Actually my father expired in my childhood thatswhy, my grand parents are putted my mothers name in my study records instead of my fathers name. PAN card also with my mother name. But now i have already taken all other documents like ration card, voter id card, DL & RC books with my fathers name. How can I change my mothers name in my certificates and PAN Card? what is the procedure? Kindly advise.....
Akhalaque Ahmed
16 October 2012 at 21:13
Dear All Experts,
I AM AKHALAQUE AHMED VICTIM OF 498 A & DV ACT. WE ARE ON BAIL. MY WIFE ALREADY FILE DV AGAINST MY FAMILY AFTER 498A. CAN WE FILE RCR AFTER THIS TWO CASES. IS IT BENEFICIAL FOR US.PLEASE HELP ME WITH YOUR DETAIL ANSWER.
THANKS®ARDS
AKHALAQUE AHMED
chitra gupta
24 September 2012 at 22:11
respected experts.....very recently one senior govt.official has been charge sheeted for floating tender documents and executing the jobs(utilising public money)thereon violating govt.rules and regulations and norms.....the accused in his reply had stated that being a govt. employee he had just executed the directives of his superiors.....he has been now shifted to a less important deptt....and the disciplinary authority is silent for future course of action....how the accused will now seek the natural justice where he has only 2months +some days to retire....?
chitra gupta
21 September 2012 at 17:04
how long employer......employee relationship will exist as per labour laws or constitution of india where an industrial employee(now under suspension) has been denied subsistance allowance(despite of submitting non employment certificates)since last 26months......a vindictive attitude has been played by the disciplinary authority of a nationalised company and the labour has no other sourceof income for his livelihood.....as long as employer/employee exists,the labour is handicapped,,,,,,,,,is it not violation of human rights.......experts may pl share their valuable opinion.....thanks(.)
chitra gupta
15 September 2012 at 18:29
avery interesting real case in a psu *the disciplinary authority finally restarted thepreliminary enquiry after 5yrs(removing the biased io and po also) but did not inform the suspended employee anything.the disciplinary authority is not payiny the suspended employee subsistance allowance for the last 55 months.the suspended employee has been denied subsistance allowance.is it not denial of defenceto be taken (and gurranted under the constitution) by the suspended employee. he requested payment first and stay on the proceedings.....but it was not granted by the present io as he told that he is not drawing and disbursing officer. now how we will tackle this peculiar situation in socialist india with democracy......a real facts ....plz give ur expart opinion to save the family of the ill fated employee thanks
Hetalkumar
07 September 2012 at 11:57
Dear Sir,
I have Two Question as follow ;
(1) I need to know, whether u/s. 4(6)(a)(b) of Payment of Gratuity Act, 1972, Employer can forfeit the Gratuity amount in case of o/s. staff home loan enjoyed by the employee while his service with the employer, if not paid by him ?
(2) Whether employee who had made fraud while functioning as loan officer and disbursed the loan by creating / using fraud documents of borrower, and that loan is not recoverable by employer bank from it's borrower. Can Employer have right to adjust or forfeit the gratuity amount, if he found guilty in Dept. Inquiry in above mentioned loan process by employer ?
If during the Dept. Inquiry in above loan case, if employee attained the age of superannuation, then the same can be continued ? And if the same was continued with a letter to employee by mentioning that, " he have been released, subject to and without prejudice the outcome of Dept. Inquiry and punishment thereof ". Whether in that circumstances, if the gratuity is forfeited against the loss in above mentioned case by employer, is tenable u/s. 4(6)(1)(b) of PG Act ?
Please guide with latest judgement / authority in this regard of Apex Court.
Thanking you,
Regards,
Hetalkumar
Navdeep Kaur
18 July 2012 at 11:07
Hi
My father is in judicial custody from last 76 days under section 420 and the chargesheet has also been filed. The bail has been rejected from lower and session court. We have filed the bail in High Court. Please tell me how much time it would take in High court for the release? How much days judge would take to notice? In chargesheet also , no document has been receovered. Please suggest me.
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138 n.i.act, accused convicted, appeal procedure
Dear and respected members,
We have fought one cr. case of 138 n.i. act and accused has got conviction. Now i have to file an appeal against said order of trial court in sessions court of Bombay.
Will any body can help me with the section under which such appeal can file along with a specimen draft of an appeal and the procedure if any for file such appeal.
I have handled many 138 case but most of them have been settled and withdrawn. Actually i m a civil practitioner.
This is the first case which has reached at final stage and my client has got convection by the M.M. court.
Please assist me.
thanks and regards.
Advocate Soniya Sharma.