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Nijaguna Murthy G   15 March 2008 at 19:13

A Case registered under P.C. Act-1988

Sir,
The facts of the case are as under:

Two Deputy Directors (having the same name but initials differs) of a State Govt. Department are working at Two different places in the State. Details are: Their names are A. Ramanna & B. Ramanna respectively.

I- A. RAMANNA’S PARTICULARS:-

1)Name : -A. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Bangalore
4)Year of joining into Service: -1992
5)Promoted as Supdt : -1998
6)Promoted as Asst. Director: -2003
7)Promoted & Presently working as DD at-Bangalore since 2007


II- B. RAMANNA’S PARTICULARS:-

1)Name : -B. RAMANNA
2)Present Desgn: -Dy. Director
3)Present Place of working: -Gulburga
4)Year of joining into Service: -1996
5)Promoted as Supdt : -1999
6)Promoted as Asst. Director: -2004
7)Promoted & Presently working as DD at-Gulburga since 2007

Both A. Ramanna & B. Ramanna were under the scanner of Lokayukta of the State since 2 to 3 months on suspession of possessig assets disprotionate to known source of income.

On a targetted day the Lokayukta Staff conducts raid on the house belonging to B. Ramanna at Bangalore and finds assets disproportionate to B. Ramanna's actual income.The name & initial of B. Ramanna & the address of his Residential House at Bangalore & details of other properties he owns at various localities of Bangalore are properly mentioned in the Source Information Report & FIR.Residential address in the Search warrant of B. Ramanna, DD, is also correctly recorded.

However office he is presently holding is recorded as "Presently working as DD,Bangalore" instead of DD, Gulburga, both in the Source Report & FIR.(Repeatedly mentioned as such for 6 times in the Source Report & FIR).
Further, the search warant(issued by JMFC, Special Court of Bangalore City)in respect of the office of DD is issued says "B. Ramanna, DD, Bangalore" instead of Gulburga. Further there was no search warrant issued against his office at Gulburga. Lokayukta, after learning the fact during the time of raiding his house at Bangalore realizes that his office is at Gulburga & not at Bangalore & hence returns without raiding the DD office, at Bangalore.The case is under investigation by a Dy.SP of Lokayukta, since 3 months.



Now the queries are:
A)Can B. Ramanna file a petition in the High Court of the State seeking squashing of FIR & further proceedings of Lokayukta, on the ground of MISTAKEN IDENTITY & DENIAL OF NATURE JUSTICE? If so, under what Sec. & Acts?? Are there any decided court Judgements of similar case?? (Pl. furnish details)
B)If the judgement is in favour of B. Ramanna, is there any possibility of Lokayukta to file a fresh FIR and conduct/continue proceedings and prosecute B. Ramanna?
C)Can B. Ramanna plead in the court to prove that it is a case of mistaken identity & instead of proceeding against A. Ramanna, Lokayukta have inadvertantly proceeded against him. Can B. Ramanna produce all the relevant documentary evidences which also clearly establishes that even A. Ramanna is also having Disproportionate Assets than his known source of Income & quntum of Assets of A. Ramanna are more than that B. Ramanna??
Since the issue is sensetive, can any body respond early Pl...???
G.N. Murthy.

Abhimanyu Soni   15 March 2008 at 17:10

Bonus act ...........

Dear Sir/Mam,

I have certain queries regarding Bonus.

1. When Bonus Act gets applicable to any co.

2. What is the remedy if employer doesn't pay Bonus

3. Is bonus is paysble to temporaary as well as permanent employees.

4. How Bonus is calculated

Thanks & regards
Abhimanyu Soni



Abhimanyu Soni   15 March 2008 at 17:03

Salary Structure

I am not sure whether my query falls within the purview of Taxation.

My query is:
Is there any statutory limit to fix Basic Salary or in other words is there any percentage fixed to decide the basic salary.
Can an employer fix any amount for Basic (as Low as possible)

Is DA compolsary to be mentioned in the salary structure.

Regards

Abhimanyu Soni



Rumana Naaz   15 March 2008 at 12:26

Working Hours for Employees of IT Industry

Hi Team,

I am new member to this forum.

I have a query regarding working hours defined as per law for IT Industry
I work as a HR Executive in a small IT company based in Hyderabad and the standard working hours in this company is 9hrs including 45min of lunch break and we work 6days a week and only Sunday is a holiday. I have worked in a company before in Bangalore and we had offs on Saturday as well infact most of the Software Companies in Hyderabad as well do not work on Saturdays. I want to know whats the legal working hours assigned by government (specifically for software companies)?

yamini   14 March 2008 at 22:58

central sales tax

c-form for inter-state transaction was missing, transaction took place 2 years back, purchaser mill says it was taken by mediator and has shown proper endorsement for the same, and the mediator says some cock and bull stories that it was taken by us and he promised 4months back,that he will get the duplicate from their state govt and will send to us,what further steps to be taken now in this position.

hemal   14 March 2008 at 20:24

Employer not relieving employee

hi,

i put in my papers in a software company that i currently work in on 20/02/2008. The HR policy of the company clearly states that an employee may leave the company after serving a month's notice or by buying the notice period if the supervisor agrees. so 30 day's notice ends on 20/03/2008 which i'm willing to serve.
However, strange as it may sound, my supervisor is unwilling to relieve me before 31/03/2008 thereby demanding a notice period of 41 days. Now, my next employer is not ready to take me in after 28th.
can i take legal action against my company ? if so, how ?
i even consulted the HR (she acknowledged that there exists a 30 day notice period) who said that its better to take supervisor's approval. when queried whether i would get the relieving letter after 30 days, she simply blew away the topic.
pls advise and inform me of my rights. !!

john   14 March 2008 at 19:08

Please help me

Respected Sir,
This is john here. I'm a software engineer. Last year i joined a reputed MNC name as "x".But i was there only for one month.I got a good offer from another leading MNC "y".So i joined the new organization"y".In my previous organization "x" i applied for 1 month of sick leave. It's got approved. After 1 month i called to HR & inform them that i need 2 more months leave. The HR asked me to fax the medical certificate. But i did not send & put down my resignation letter to the company "x". After 2 months i got a call from 3 rd party that they are conducting exit interview on behalf of company "x" for those are not gone through normal exit process.The exit interview was telephonic. After that i did not receive any call.The company did not send any letter . When i joined company "x", i submitted my prior experience letter. Now i joined new organization. My concern is that does the company "x" will inform to my prior company. I did not show any experience of company "x". Concern is only for my previous organization.From my previous organization i got proper releiving letter.does it create problem in reference check . Please clarrify it.
Thanks
John

john   14 March 2008 at 19:06

Please help me

Respected Sir,
This is john here. I'm a software engineer. Last year i joined a reputed MNC name as "x".But i was there only for one month.I got a good offer from another leading MNC "y".So i joined the new organization"y".In my previous organization "x" i applied for 1 month of sick leave. It's got approved. After 1 month i called to HR & inform them that i need 2 more months leave. The HR asked me to fax the medical certificate. But i did not send & put down my resignation letter to the company "x". After 2 months i got a call from 3 rd party that they are conducting exit interview on behalf of company "x" for those are not gone through normal exit process.The exit interview was telephonic. After that i did not receive any call.The company did not send any letter . When i joined company "x", i submitted my prior experience letter. Now i joined new organization. My concern is that does the company "x" will inform to my prior company. I did not show any experience of company "x". Concern is only for my previous organization.From my previous organization i got proper releiving letter.does it create problem in reference check . Please clarrify it.
Thanks
John

john   14 March 2008 at 19:04

Needs clarification towards my prior experience

Respected Sir,
This is john here. I'm a software engineer. Last year i joined a reputed MNC name as "x".But i was there only for one month.I got a good offer from another leading MNC "y".So i joined the new organization"y".In my previous organization "x" i applied for 1 month of sick leave. It's got approved. After 1 month i called to HR & inform them that i need 2 more months leave. The HR asked me to fax the medical certificate. But i did not send & put down my resignation letter to the company "x". After 2 months i got a call from 3 rd party that they are conducting exit interview on behalf of company "x" for those are not gone through normal exit process.The exit interview was telephonic. After that i did not receive any call.The company did not send any letter . When i joined company "x", i submitted my prior experience letter. Now i joined new organization. My concern is that does the company "x" will inform to my prior company. I did not show any experience of company "x". Concern is only for my previous organization.From my previous organization i got proper releiving letter.does it create problem i reference check . Please clarrify it.
Thanks
John

milan   14 March 2008 at 18:37

Divorce Procedure

Hello,
I am married for 10 months now and not satisfied with it. I want to end this relationship at the earliest. Please guide me as to how to go about it? Which court do i need to go to? I am located in Madhya Pradesh, India.
Please advice.
Thank you.
Milan