FIR filed against me under section 306
Querist :
Anonymous
(Querist) 02 March 2019
This query is : Resolved
Sir
I m central government employee n have 2 kids. My husband was jobless n after having 10 yrs of married life, he committed suicide n left behind suicide note for me, my brother, sister, Jijaji, chacha, mummy etc. I already got anticipatory bail n after waiting for 2 yrs when I saw police is not filling any charge sheet. I have applied to high court. But as a central government employee ,do I have to intimate my department.meanwhile staying alone here, I had applied for inter state transfer, when no objection came now, department is not allowing me to get transfer over my hometown as my in laws submitted copy of FIR there too. What should I did wrong. I had applied for transfer before filling of complaint. Kindly help
Querist :
Anonymous
(Querist) 02 March 2019
Kindly reply
Querist :
Anonymous
(Querist) 02 March 2019
Kindly reply
Dr J C Vashista
(Expert) 03 March 2019
You must have engaged a local lawyer to seek anticipatory bail and contesting case, isn't it ? If so, what is his/her opinion/ advise regarding delay in filing charge-sheet for the last 2 years, even after approaching High Court . Change your lawyer if you are not satisfied with his/ her professionalism.
Transfer query;
You have to inform your department qua the case within 48 hours of incident.
Now your question of seeking transfer from present station to which station, what is the reason, what is the reply for rejection of transfer application ? What is the opinion/advise of your lawyer ?
Consult and engage a local lawyer for better appreciation of facts, guidance and proceeding.
Dr J C Vashista
(Expert) 03 March 2019
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com Cell # 9891152939
Guest
(Expert) 03 March 2019
Transfer is not regulated as per the complaints of individuals. Transfer on request by an individual employee depends at the sole discretion of the competent authority, availability of vacancy at the place of request or in the interest of service. However, transfer can be declined if requested by the police for investigation purposes.
So far as intimation to the department about the case, that is required only if an employee is kept in police or judicial custody for more than 48 hours after FIR.
Personal discussion of your problems on appointment with the competent authority may perhaps help you convince the authorities to accept your request for transfer at your desired place.Otherwise, legally you cannot claim your transfer of right.
Querist :
Anonymous
(Querist) 03 March 2019
Thank u for reply sir ...I m posted in Surat n seeking transfer to Delhi after my husband's death...being alone here with two kids...i applied for transfer...as Delhi is my hometown....now Delhi office gave me NOC....but my in-laws sent FIR copy to my head office Ahmedabad...so they replied ..there is a complaint pending against u..
Querist :
Anonymous
(Querist) 03 March 2019
I had waited for more than 2 yrs for charge sheet till then I had appointed lawyer only for my anticipatory bail. Then last yr applied for FIR quashing at Ahmedabad high court n appointed high court lawyer. There I got order for stay on investigation.
KISHAN DUTT KALASKAR
(Expert) 04 March 2019
Dear Madam,
It is necessary for you to intimate about the pendency of criminal case to your department. You may file another Writ Petition seeking transfer to your hometown which is more comfortable to you and your children.
Please mark “LIKE” if satisfied by my answer.
Querist :
Anonymous
(Querist) 04 March 2019
Sir it means if somebody file fake case against u...u became criminal.....my job mostly is to b on field work...search survey investigation etc. To perform my job well I applied for transfer. There r number of cases in which decisions r also came n my in-laws are convicted by the court..my sister in law filed 498 against them n same I filled in 2012 then withdrawal because of kids my father in-laws pension not cleared by the department coz of some enquiry pending against him...There FIR filling against me matter??
Querist :
Anonymous
(Querist) 04 March 2019
Sorry sir...but Not satisfied with the answer
Nadeem Qureshi
(Expert) 06 March 2019
Dear Querist
there is no criminality done by you with your department until and unless there is rules and regulations regarding the intimation of any criminal case if registered against the employee.
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