Regarding some query of arrest,detention,suspention
Hari Singh
(Querist) 19 March 2018
This query is : Resolved
1.THAT I AM A GOVT TEACHER IN DELHI AND TOOK A LOAN FROM RS. X FROM DELHI COOPERATIVE SOCIETY REGARDING WHICH I GAVE CHEQUES.
2.THAT I HAD DONE GUARANTEE OF OTHER PERSON WHO HAD TAKEN A LOAN WITH ME.
3.THAT AFTER A FEW YEARS FEW PERSONS CAME AT MY RESIDENCE AND SAID THAT THEY HAVE ARREST WARRANT NBW IN THE COURT OF ASST. COLLECTOR GRADE 2 REGARDING THE RECOVERY OF THE LOAN AMOUNT.
4.THAT I HAVE THE ALLOWED APPLICATION FROM MY EMPLOYER THAT THEY SHOULD DEDUCT THE AMT. FROM MY GPF A/C
5.THAT WHEN I WAS ARRESTED I WAS NOT PRODUCED BEFORE A MAGISTRATE WITHIN 24 HRS OF ARREST.
6. THAT I WAS RELEASED FORTHWITH FROM JAIL VIDE ORDER OF HONBLE DELHI HIGH COURT ON FEW TERMS THAT I HAVE TO SUBMIT THE AMT WITHIN 1 WEEKS TIME TO REGISTRAR F THE COURT
7. THat THE ORDER WAS PASSED BY THE COURT ON THE 2ND DAY AFTER ARREST
8.THAT THE JAIL HAS A NORM THAT A PRISIONER CAN ONLY BE RELEASED AFTER 8.00 PM THEN
I HAVE A FEW QUESTIONS PLEASE ANSWER TO THEM:
1.CAN THE ASSISTANT COLLECTOR GRADE 2 COOPERATIVE SOCIETIES CAN ARREST A PERSON UNDER U/S 69 DELHI LAND REVENUE ACT?
2.THERE IS A PROVISION IN CCS RULES THAT A GOVT SERVANT DETAINED IN CUSTODY FOR MORE THAN 48 HRS BE PLACED UNDER DEEMED SUSPENSION.THEN I WANT TO KNOW THAT IF COURT PASSED THE ORDER OF IMMEDIATE FORTHWITH RELEASE THEN WHAT TIME WOULD E consider?
3. IS THE ARREST IS LEGAL WHEN NOT PRODUCED BEFORE MAGISTRATE.
4. CAN MY DEPARTMENT SUSPEND ME?(I HAVE ALSO FILED CASE OF KIDNAPING ILLEGAL EXTORTION AGAINST THE ILLEGAL PERSONS RELATING TO THE CASE WHO CAME ARRESTING ME)
5. WHAT SHOULD I DO FOR THE IMMEDIATE REVOCATION WHEN THE DEPARTMENT SUSPENDS ME?
NOTE: I HAD GIVEN INFORMATION VIA TELEPHONIC CONVERSATION ON THE DAY OF ARREST AND MY ADVOCATE ALSO SENT A EMAIL TO MY OFFICE AFTER THE ORDER OF DELHI HIGH COURT
:: ANY OTHER REMEDY REG THIS MAY BE SUGGESTED PLEASE PLEASE PLEASE!!!
Sudhir Kumar, Advocate
(Expert) 20 March 2018
THAT I AM A GOVT TEACHER IN DELHI AND TOOK A LOAN FROM RS. X FROM DELHI COOPERATIVE SOCIETY REGARDING WHICH I GAVE CHEQUES.
Not understood.
You took a loan and you gave cheque also.
You probably gave blank cheque as security.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
2.THAT I HAD DONE GUARANTEE OF OTHER PERSON WHO HAD TAKEN A LOAN WITH ME.
Not clear whether you were loanee or guarantor of someone else loan.
Anyway you are either way liable to pay.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
3.THAT AFTER A FEW YEARS FEW PERSONS CAME AT MY RESIDENCE AND SAID THAT THEY HAVE ARREST WARRANT NBW IN THE COURT OF ASST. COLLECTOR GRADE 2 REGARDING THE RECOVERY OF THE LOAN AMOUNT.
You are consciously hiding the facts.
This NBW cannot be suddenly.
Whether or not the loan was in default?
For how long period?
Whether any cheque bounced?
Whether or not any notice received by you?
Sudhir Kumar, Advocate
(Expert) 20 March 2018
4.THAT I HAVE THE ALLOWED APPLICATION FROM MY EMPLOYER THAT THEY SHOULD DEDUCT THE AMT. FROM MY GPF A/C
GPF is unattachable and cannot be mortgaged. Such like undertaking from you is illegal and cannot be accepted by deptt. There is no such provisions in GPF rules.
You are not clear with the facts
When you gave this undertaking?
Whether deptt accepted this undertaking?
What prevented you to apply withdrawal from GPF and refund the loan yourself.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
5.THAT WHEN I WAS ARRESTED I WAS NOT PRODUCED BEFORE A MAGISTRATE WITHIN 24 HRS OF ARREST.
You are hiding the facts.
You may not have been produced before magistrate but were you (or not) produced before the authority who issued warrant.
When were you arrested?
Whether you were released within 48 hours?
Before whom you were produced?
Were you offered to refund the loan before being sent to jail?
Guest
(Expert) 20 March 2018
First of all, your description is quite vague & hazy as you have very badly mixed up several issues in one, that loan taken from Co-op society, but NBW from the Assistant Collector court without any case with the office of the Registrar of Societies, deduction of amount from your GPF, Order of Delhi High Court without discussing any background about Delhi HC case, when case was with the Assistant Collection of Land revenue, Extortion against the illegal person, etc. etc.
In nut shell your story is without any head and tail to form some specific opinion, what exactly is your present problem for which you want solution from the experts.
Further, you have not stated what is the opinion of your own advocate on the questions you have asked from the experts, who is handling your case and emailed to your office after the order of Delhi High Court. If not asked your questions from your own advocate, is there any specific reason for not. asking from him. If asked, please discuss here.
Better be clear in description of your real problem and discuss, what your own lawyer has advised you on your questions and what doubt you have on the opinion of your own lawyer.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
6. THAT I WAS RELEASED FORTHWITH FROM JAIL VIDE ORDER OF HONBLE DELHI HIGH COURT ON FEW TERMS THAT I HAVE TO SUBMIT THE AMT WITHIN 1 WEEKS TIME TO REGISTRAR F THE COURT
It is understood from your wording that you were released subject to refund of loan amount within 1 week.
You are hiding the fact
Whether one week expired?
Whether loan deposited?
Whether on release on bail you have reported in writing to your deptt the circumstances leading to arrest and bail.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
7. THat THE ORDER WAS PASSED BY THE COURT ON THE 2ND DAY AFTER ARREST 8.THAT THE JAIL HAS A NORM THAT A PRISIONER CAN ONLY BE RELEASED AFTER 8.00 PM THEN I HAVE A FEW QUESTIONS
Whether 48 hours completed.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
1.CAN THE ASSISTANT COLLECTOR GRADE 2 COOPERATIVE SOCIETIES CAN ARREST A PERSON UNDER U/S 69 DELHI LAND REVENUE ACT?
What your coulsel says.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
2.THERE IS A PROVISION IN CCS RULES THAT A GOVT SERVANT DETAINED IN CUSTODY FOR MORE THAN 48 HRS BE PLACED UNDER DEEMED SUSPENSION.THEN I WANT TO KNOW THAT IF COURT PASSED THE ORDER OF IMMEDIATE FORTHWITH RELEASE THEN WHAT TIME WOULD E consider?
Not relevant. 48 hours custody implies that there is deemed suspension irrespective of the fact whether custody was lawful or not.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
3. IS THE ARREST IS LEGAL WHEN NOT PRODUCED BEFORE MAGISTRATE.
Whether or not you were produced before the authority who issued arrest warrant. There are many authorities who can issue arrest warrant though not being part of judicial service on full time basis.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
(I HAVE ALSO FILED CASE OF KIDNAPING ILLEGAL EXTORTION AGAINST THE ILLEGAL PERSONS RELATING TO THE CASE WHO CAME ARRESTING ME)
When you filed the case.
What happened to this case.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
5. WHAT SHOULD I DO FOR THE IMMEDIATE REVOCATION WHEN THE DEPARTMENT SUSPENDS ME?
Submit appeal to the authority higher tat appointing authority.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
NOTE: I HAD GIVEN INFORMATION VIA TELEPHONIC CONVERSATION ON THE DAY OF ARREST AND MY ADVOCATE ALSO SENT A EMAIL TO MY OFFICE AFTER THE ORDER OF DELHI HIGH COURT :: ANY OTHER REMEDY REG THIS MAY BE SUGGESTED PLEASE PLEASE PLEASE!!!
Probably you have not given a report in writing indicating the circumstances leading to this arrest.
If that is true you are liable for disciplinary action due to this omission itself.
Hari Singh
(Querist) 20 March 2018
let me explain in depth so far as concerned to the amount to be deposited to the registrar i have deposited it
Hari Singh
(Querist) 20 March 2018
i was not released on bail ,there were simple immidiate releasing orders
Sudhir Kumar, Advocate
(Expert) 20 March 2018
So you feel that it is not required to intimate to your department that you were in custody. when did custody begin/ why custody was there/ whose custody was this/ what caused the custody / when were you released/ how were you released.
Sudhir Kumar, Advocate
(Expert) 20 March 2018
If you have complied with the condition of release then appeal for revocation of suspension.
Hari Singh
(Querist) 20 March 2018
thanks sir but where
Hari Singh
(Querist) 20 March 2018
sir my counsel says that asst collector grade 2 cannot u/s 69 Delhi revenue act
Sudhir Kumar, Advocate
(Expert) 20 March 2018
You appear to be determined to continue as confused.
it is absolutely irrelevant whether custody was lawful or not.
it is absolutely irrelevant whether of not you were produced before anyone.
All that is relevant is that
(i) you were in custody
(II) custody was beyond 48 hours.
(iii) you are under deemed suspension.
You have already been told that :-
(i) you are under obligation to submit written report to the deptt that you were arrested and released.
If you fail to do so then a chargehseet can be served by the department.
IT IS YOUR CHOICE IF YOU WANT TO CONTINUE TO VIOLATE THE SAME.
Now regarding revocation of suspension
You have already been told that appeal lies to the authority above appointing authority. You have not at all told as to what is your designation/classification of post/ who is appointing authority.
BUT YOU WANT THIS FORUM TO ASSUME FACTS AND ADVISE YOU AS TO WHOM SHOULD YOU APPEAL.
This is not astrological forum. You have to narrate facts.
