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Bipin   14 April 2009 at 17:37

Common Terrace occuipied by member

Our society has ground + 3 floor and 2 wings. each wing has 14 flats. upto 2nd floor each floor has 4 flat and on 3rd floor there is only 2 flat and remaining area as commom terrace. but 2 members from each wing has occuipied (covered) the same common area. another problem is that entrance of the terrace above 3rd floor is also from member's house. So when any other member has to go to terrace then he has to go from member's house (because they occuipied 3rd floor common passage in which staircase for main terrace is located. Recently society has repaired entire terrace and other member want entrance for the main terrace free (ie above 3rd floor). what can we do to resolve this problem.

Amaresh Pradhan   14 April 2009 at 17:33

Suppliers/Vendor Agreement -Hotel

Dear All,

If anyone have a draft supplier/vender agreement relatiing to hotel i.g. vegetable suplly agreement etc .....please send me a format.

hage nibo   14 April 2009 at 17:19

A Rare Case regarding Central Service Rules

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The said suspension Order was revoked on 27/10/2004 & Mr.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.

BHAWNA   14 April 2009 at 17:17

sHIFT of Regd Office

Sir,

There is a Company incorporated on 24th April,2008 and want to shift its registered office from one state to another.

And the Company has no final accounts & Balance Sheet as on date filled and therefore what shall be the status?

can a Company do so as the Form No. 23 AC is not filled.

Regards

Uma Shankar   14 April 2009 at 15:55

Irrevocable GPA

Can irrevocable GPA can be withdrawn particularly in cases where the other party has spent a lot of money in that property?

Shilpi Kar   14 April 2009 at 12:43

Minimum Wages

While fixing the Salary, what should we compare with Min wages, is it basic or gross?

Is it necessary to include DA?

Is it necessary to include HRA?If yes, at what rate?

nepalsingh   14 April 2009 at 12:24

criminalprocedurecode

can juvenile justice board entertain an application under sec. 457/451 crpc for the release of a vehcle seized in relation of an offence alleged to have been committed by a juvenile.

nepalsingh   14 April 2009 at 12:08

criminalprocedurecode

can juvenile justice board entertain an application under sec. 457/451 crpc for the release of a vehcle seized in relation of an offence alleged to have been committed by a juvenile.

jyothsna   14 April 2009 at 11:22

adoption

Dear sir,

i am a railway employee. i have two daughters. elder is married and having two children. she stays with us because her husband and in-laws are not good and she faced lots of problems with them. and younger is well educated and working in hyderabad. ten years back my wife's younger sister's daughter is suffering with heart disease and to get treatment for her we have adopted that child and took treatment in permbur hospital. only for getting treatment we have adopted her after operation every thing is fine and we all are in good relations. so i have neglected to cancel the adoption later on. now as my retirement is reaching nearer my sister-in-law is in a way to claim for the money. so please help me and show a way to me to help my children particularly my elder daughter who does not have any source for living.innocently i wanted to help my sister-in-law in turn she is planning to cheat me. hence, i request the learned members to show me a proper way to proceed in this regard. the adoption is registered in bantumilli village in krishna district andhra pradesh. and we are hindus.

PRAKASHCHANDRA MARU   14 April 2009 at 00:45

motor acccident fatal case

hello, all respected experts,
i have lodged the fatal claim case in the case the fact was that the deceased was driving his cycle on that time from the bace side a st bus of gujarat state clashed with him and he died on the spot due to the tyre rolled on him.deceased was doing the business of cooking in the functions and mairrage and party i stated his monthly income 3500/- average which is excatly corect now i have no any documentary or oral evidence for the proof of it now matter is on the evidence now it come to my knowledge that gujarat highcourt held the income of house wife is also 3000/-monthly pls.provide such type of judgement for the support to my case
thank u in advance