[Dr. Ashok Dhamija]

Please see my reply on a similar question (Husband and wife posted at different stations both being government servants) which discusses the provisions of the relevant Office Memorandum of the DOPT on the issue of posting husband wife at the same station to the extent possible.

As per the instructions issued vide Office Memorandum F. NO. 28034/9/2009-Estt.(A) dated the 30th September, 2009 by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), following guidelines exist for transfer of a spouse when one spouse is working in Central Government and the other in a State Government:

“(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-

The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.”

Generally, efforts are thus made to post the spouse working in the Central Government to the station of the spouse in the State Government, or at least in that state.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Section 11(1) of the Whistle Blowers Protection Act, 2014, provides protection in respect of victimisation by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under the said Act.

If the proceedings are completely unconnected with the above ground, then the above protection may not be available.

Secondly, for Union Bank of India, the competent authority defined in the said Act is the Central Vigilance Commission (CVC) to whom a complaint can be filed under Section 11(2) against such victimisation; and, the burden of proof that the action taken was not as a victimisation lies on the departmental authority (in your case, the AGM, who passed the dismissal order). If you have not filed such complaint, then you should do it now with sufficient evidence. But, if you have already done it (as it appears from your question) and if the CVC has not taken appropriate action on such complaint, then you can file a writ petition before the high court seeking direction to the CVC to perform its duty under the above provisions.

As regards your dismissal, you can also fight against this order in the court / tribunal having jurisdiction on the merits of the disciplinary action taken against you.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

In the circumstances mentioned by you, at this stage the case is still pending. And, in fact, as mentioned by you, police has filed a closure report before the court on the grounds that it was a false complaint. Right now, you have said that the protest petition is pending against the closure report filed by the complainant.

In these circumstances, in my opinion, it should not come in the way of your getting a government job at this stage. However, at the time of getting job, you should mention the details of the case in the police verification form / attestation form in a transparent manner and should not hide any details.

But, subsequently, if the case leads to a conviction, then of course, your government job may be at risk.

There is no guarantee that the high court will quash the proceedings in the above case on the ground that the police has filed a closure report after investigation. But, you can try that if your local lawyer (after examining your case papers) so advises you.

Second option would be to challenge the decision of the Magistrate in the protest petition, if it goes against you, before the Sessions Court by filing revision against that.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

In the circumstances mentioned by you, the criminal case against you has already been settled, which is considered to be an acquittal. In my opinion, such case should not come in your way of getting a Government job, including on the basis of the UPSC examination.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Yes, it can be done. This is what I have mentioned in my previous answer.

Please do not depend on any unofficial websites for income tax calculation. You can use the following OFFICIAL website for income tax calculation which correctly includes LTCG and STCG in the basic exemption limit and also correctly calculates tax at lower rates of 10% or 15% as the case may if the income still exceeds the basic exemption limit (please experiment with this calculator with various incomes, to gain confidence):

https://www.incometaxindia.gov.in/pages/tools/income-tax-calculator.aspx     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

An offence under Section 302, 307 IPC is a serious offence. You have said that charge sheet has also been filed against the government servant.

It is discretion of the Government or the authority concerned to revoke suspension. It may also depend on the role of the government servant in such criminal case. That bail has been granted may go in your favour. But, generally speaking, looking at the serious charge, it may not be easy to get the suspension revoked in such case.

For revocation of suspension, you may initially make an application to the competent authority or Government, as the case may be. If there is no success, then you may approach the court / tribunal for revocation of suspension, if you so wish.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Since offence of defamation under Section 500 IPC is non-cognizable offence, the police cannot register FIR and it cannot investigate such case without orders from the Magistrate having jurisdiction. So, generally speaking, no investigation will be conducted by police in a case of defamation. Since police cannot conduct investigation in such case without order from Magistrate, there is no question of police submitting a charge sheet under Section 173 of Cr.P.C. in such case unless the Magistrate had ordered investigation.

Usually, a defamation case is filed as a private complaint case wherein the party concerned itself has to prosecute the accused in the court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

I checked the current case status of the diary number given by you on the Supreme Court website. This Transfer Petition is now registered as Transfer Petition (Civil) No. 704/2018. It is found that on 03.05.2018 (i.e., day before yesterday), this transfer petition filed by your wife was heard by the Supreme Court and it has issued notice to you which should reach you in next 2-3 weeks. Moreover, the Supreme Court has stayed the “further proceedings in M.C. No. 455 of 2017 entitled Deepak Vs. Deepika pending before the Family Court, Belagavi, Karnataka”.

So, you’ll have to engage an advocate in the Supreme Court. File your reply in the above case in the Supreme Court through your advocate and oppose the transfer petition if you want to do so. Thereafter, the Supreme Court would decide whether to transfer the case, as prayed, or not.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

I have replied to a similar question which may please be seen at: Time limit to complete investigation in FIR.

This would mostly cover your question. As mentioned therein, generally speaking, the law does not prescribe any maximum time period for completion of investigation and filing of charge sheet, except as mentioned therein. However, remember that if the offence under Section 506 IPC in your case is under Part I thereof, then it would a summons-case from the point of view of the above answer (link given above) and if it is under Part II thereof, it would not be summons-case.

Further, it is not clear in which state you have filed this FIR, since in most states the offence under Section 323, 506, 34 IPC would be non-cognizable in which police cannot file FIR. It is noteworthy that Section 323 IPC is non-cognizable in all states, whereas Section 506 is cognizable only in 4-5 states and is non-cognizable in other states. For more details, see: Section 506 IPC – whether bailable or non-bailable? Section 34 IPC is not a substantive section and it takes it colour from other offences committed in the same act.

In any case, presuming that FIR has been registered in your case, you can request the police to expedite the investigation. If needed, you may request the senior officers of police to direct the police station to expedite the investigation.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Firstly, you should check the bye-laws of your society as to what does it mention about such situation when the last day for payment is a public holiday. Does it provide any exemption for such situation? Generally, in court matters, if the last day of limitation is a public holiday then the limitation may be extended by one day. But, there is a specific provision for such situation laid down in the Limitation Act for such court matters. Now, whether there is a similar specific provision in the bye-laws of your society or in the Society related law of your state? In the absence of any specific provision, it may be difficult for you to claim benefit. More so, if sufficient time period was given for paying the bill and you waited till the last day. So, please check your society rules.

Secondly, also check whether the society accepts payments on a public holidays or whether online payment is allowed.

If it was a genuine mistake on your part (and, more so, if it was first time), you may request the society to condone the penalty. If there is a provision in the bye-laws to that effect, the society may condone the penalty amount, given that it is a paltry amount of Rs. 70 only.

If you want to fight a legal battle for Rs. 70, you should be ready to incur much larger legal expenses. It is up to you whether you want to make it a prestige battle. In any case, if you want to fight a legal battle over this, you may perhaps have to approach the Registrar of Societies (which is the case in most states), however, it depends on the provisions in the Society related law of your state.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If forgery / cheating has been committed in selling a land, then it may amount to a criminal matter also, in addition to giving rise to a civil case. Therefore, on the basis of the limited facts mentioned by you, it may amount to civil as well as criminal case. However, it may be advisable for you to show your relevant papers to some local lawyer and get accurate advice on the basis of the detailed examination of the facts of your case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

You have to wait for the judgment being delivered in your case. Generally speaking, if the evidence has gone in your favour in a criminal case (as you have mentioned), then the verdict would take that evidence into account. The judgment is required to be a reasoned order and not an arbitrary one.

Even if the existing judge is transferred, the new judge is empowered to decide the case on the basis of the evidence recorded by the previous judge and pass the judgment. If the judgment goes against you and you find that it is not the correct order or that evidence in your favour has been ignored or wrongly interpreted, you always have the option of challenging such order by filing appeal before the higher courts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It is not possible for us to comment on the merits of an individual case on the basis of facts. This is what has been clearly mentioned in our Forum Guidelines for asking questions. You may consult some local lawyer who can guide you after examining detailed facts of your case as to how such injuries could be possible or whether the medical certificate is fake. It is not possible for us to give opinion on something about which we have not examined detailed facts / documents.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As far as I understand, the high court may not entertain your writ petition under Article 226 of the Constitution in respect of a civil matter which is pending in a suit before the civil court. Yours may not be the only case where delay is being caused. There are more than 3 crore cases pending in different courts in India. Most of the litigants are suffering because of delays in courts.

If you want you can try to seek a direction from the high court for expediting your case, though the chances of the high court entertaining such petition would be very less. But, as far as getting a temporary injunction directly from the high court in a writ petition is concerned, I don’t think that would be possible since it is a civil matter and there is an alternative remedy available in the civil court.

On the other hand, you can try to get such temporary injunction from the civil court itself, and if it is refused, then you can challenge such refusal order itself in the higher court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If you want to file a complaint with regard to forgery committed by someone, then you have to file the complaint with the police station concerned which can then register the FIR. If the police is not registering FIR or not taking any action on the basis of your complaint, you have the option to file a complaint before the Magistrate under Section 156(3) of the Criminal Procedure Code seeking direction to police to investigate the matter. Else, you can file a private complaint with the Magistrate under Section 190 of the Cr.P.C. wherein you have to prove the case instead of the police doing it.

With regard to your other request, I may point out that, as mentioned in our Forum guidelines, on this Forum we do not go into detailed facts of an individual case (which requires study of detailed facts / documents of a case). For this, you may engage some local lawyer and show him all your relevant papers.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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