Whether ACB can arrest accused person without register an fir

Question: Whether ACB can arrest accused person without register an FIR? It is alleged that, Complainant went to Police station on 24/03/2023, and met the applicant accused. it is alleged that, the applicant accused demanded Rs. 1,00,000/- from the complainant for helping him in his Anticipatory bail application pending before Hon’ble Addl. Sessions Court, the alleged amount of bribe was not accepted by the applicant though there was a trap arranged on 27/03/2023. thereafter the bail application of the applicant filed before Hon’ble Ad(ll. Sessions Judge was rejected on 06/04/2023. Therefore, the complainant lodged by a complaint with ACB on dated 17 May 2023 but the applicants accused was arrested before few hours without register an FIR. If the accused was arrested before the FIR is filed, what action should be taken next?

In this instance, the ACB was required to file a formal complaint against the individual in question. It was not necessary to file a First Information Report (FIR) at this particular stage. If the ACB intended to take further action against the accused, such as conducting trap proceedings or making an arrest, they were obligated to document a "fard" which would later be converted into an FIR.

If the aforementioned procedures were not followed by the ACB, your arrest and detention would be deemed unlawful. You possess the right to seek bail and compensation from the state government for the illegal detainment.

To address the entire course of action, it is advisable for you to file a writ petition in the High Court under Article 226 of the constitution, seeking the annulment of the entire proceedings.

Cancellation of transfer order on medical ground

Cancellation of transfer order on medical ground. While wife is 4 months pregnant and employee is a TB patient. in this condition company issued transfer order to the employee without prior notice. Can we cancel this transfer order for medical reason.

To address the cancellation of a transfer order on medical grounds legally, follow these steps: First, understand your legal rights and protections by reviewing local labor laws and employment regulations that might protect employees from transfers during medical treatments or family medical needs. Look into specific laws related to the protection of employees with health conditions,

Next, review the company's internal policies regarding transfers, particularly those related to medical or compassionate grounds, and check the employment contract for any clauses related to transfer orders and the conditions under which they can be challenged or modified.

Obtain detailed medical documentation from healthcare providers, including a letter from the obstetrician confirming the pregnancy and the necessity of stable healthcare, and a letter from the treating physician detailing the TB diagnosis, treatment plan, and the need for ongoing medical care.

Prepare a formal written request to the employer to cancel the transfer order, including a clear explanation of the medical reasons requiring the cancellation, relevant medical documentation, and a request for accommodation based on medical necessity.

Related

My employer is not issuing NOC to attend the job interview.

My employer is not issuing NOC to attend the job interview. I am working as Engineer in Madhya Pradesh Power Generation Company limited (owned by Gov. of M.P.) since last 11 years. my bond period of 5 year was over. I have been short listed for the interview for the post of manger in steel authority of India Limited and NOC from present employer is required to attend the interview. my present employer is denying for the NOC due to shortage of satff. kindly guide me how to get NOC from my present employer.

In India, obtaining a No Objection Certificate (NOC) from your current employer, particularly in a public sector organization, can sometimes be challenging, especially if there is a shortage of staff. However, there are legal and procedural steps you can take to address this situation. Here’s a guide on how to proceed:

First, write a formal letter to your current employer requesting the NOC. Clearly state your reasons, mentioning your long service and the completion of your bond period. Highlight the opportunity and how it aligns with your career aspirations, and attach a copy of the interview call letter from the Steel Authority of India Limited (SAIL).

If your immediate supervisor or department head denies the request, escalate the matter to higher authorities such as the Human Resources (HR) department or the Managing Director of Madhya Pradesh Power Generation Company Limited (MPPGCL). Include all correspondence related to your request for transparency.

Refer to the service rules or policies of MPPGCL regarding the issuance of NOCs. Most public sector organizations have clear guidelines on this matter. Cite any relevant clauses that support your request for an NOC after the completion of your bond period.

Utilize the internal grievance redressal mechanism of MPPGCL by submitting a formal grievance regarding the denial of the NOC. Keep records of all submissions and responses.

If internal mechanisms fail, consider sending a legal notice to your employer through a lawyer. The notice should explain your legal right to seek employment elsewhere and the unfairness of the denial based on staff shortages.

As a last resort, you can file a writ petition in the High Court under Article 226 of the Constitution of India for the issuance of an NOC. The petition should outline the denial's impact on your career and cite precedents where courts have directed employers to issue NOCs under similar circumstances.

It is important to note that denying an NOC can be seen as a violation of your right to seek better employment opportunities. As a public sector employee, your service conditions are governed by specific rules and regulations which generally mandate the issuance of an NOC under reasonable circumstances. Since your bond period is over, there should be no contractual obligation preventing the issuance of an NOC.

Pay protection

Pay protection: I had been working as Scientist B in Central Silk Board, Ministry of Textiles, (GOI) with a capacity of 15600-5400 and as per 7 Pay commission, level is 10 from November 2015 to April 2019. I applied for the post Assistant Professor in Acharya Narendra Deva University of Agriculture and Technology (State Agricultural University), Ayodhya, U. P. in 2019. My joining was technical resignation and joined immediately next date after relieved from my past job. Then I approached administration with proper written documents. However, it was totally futile and my requisition was rejected. My present post scale same i.e. 15600+6000 AGP and same level in 7 CPC. There point is to rejecting my application is grade pay is different and not at all equivalent to the present post. I request you to ask how to protect my pay. Whether am I eligible or not and moreover, can I approach for past service counting since the scale is same and only difference is grade pay. Please give the right solution for the above situations.

In your situation, seeking pay protection and the counting of past service in light of Indian laws involves understanding specific provisions related to technical resignation, pay protection, and the equivalence of posts under Central Government rules. Here’s how you can approach the matter:

Under the **Central Civil Services (CCS) Rules**, an employee who has technically resigned from one government post to join another government post is eligible for pay protection. The **Office Memorandum (OM) dated 17th August 2016** from the Department of Personnel and Training (DoPT) specifically addresses pay protection on technical resignation, stating that it is applicable when the new post is in the same pay scale or a higher pay scale. Considering both your previous and current posts fall under the same pay scale (₹15600 + 5400 GP to ₹15600 + 6000 AGP) as per the **7th Pay Commission**, the equivalence argument holds substantial weight.

Regarding **grade pay equivalence**, the primary issue raised by the administration seems to be the difference in grade pay. However, given that the basic pay structure is the same and falls under the same level as per the 7th CPC, this should not ideally affect the pay protection eligibility. Look for any past precedents or case laws where similar cases were ruled in favor of the employee, such as higher judiciary cases where technical resignations were accepted for pay protection.

To address the matter with the university administration, submit a formal representation to the Vice-Chancellor or Registrar of Acharya Narendra Deva University of Agriculture and Technology. Attach all relevant documents, including previous service records, the OM from DoPT regarding pay protection, and a detailed explanation of the pay equivalence under the 7th Pay Commission. Additionally, utilize the university’s internal grievance redressal mechanism, clearly stating that your request aligns with central government rules on technical resignation and pay protection.

If internal mechanisms fail, you can file a case with the **Central Administrative Tribunal (CAT)**, which handles disputes and complaints regarding service matters of public sector employees. Your legal petition should highlight your technical resignation and immediate joining, maintaining continuity, your pay protection rights under the CCS Rules and DoPT OMs, the equivalence of the pay scale as per the 7th CPC, and any precedents supporting your case.

Fiance family is breaking engagement without any genuine reason after 2 years

Fiance family is breaking engagement without any genuine reason after 2 years. Got engaged in oct 2021 with all our religious rituals and mutually marriage was decided for this year oct all shopping was going on but now they are breaking engagement without giving any genuine reason. Please suggest can I take any action on them and claim compensation from them?

Asked from: Uttar Pradesh

If the engagement was broken off due to dowry demands. In India, it is illegal to demand or give dowry, and if an engagement is broken off because of dowry demands, the party who made the demands could be prosecuted under the Dowry Prohibition Act. The aggrieved party can file a first information report (FIR) against them under Section 3 & 4 of the Dowry Prohibition Act if they cancelled the marriage due to demand of dowry.

Your fiancé's family has cancelled the marriage, therefore, offence under the dowry prohibition act does not made out. In this situation you cannot initiate criminal proceeding against them. But you have the right to initiate civil proceeding for the make good the loss you incurred in engagement ceremony, also for the mental agony, defamation and compensation.

If one party to the engagement has made any promises or representations to the other party that have induced them to incur expenses or suffer loss, then the party who broke the engagement may be liable to compensate the other party for their losses. Hence, you should file a civil suit for the compensation.

Related

False promise of cash back

Question: False promise of cash back. A property channel partner promised me to give 1% of the sale value of a new flat as cash back 30 to 45 days from the date of agreement. It's been 4 months since sale agreement was executed. I am chasing the channel partner to issue the cash back and there is no response from them. I have an email from the sales team about this 1% cash back. Can I take legal action against them

If the property channel partner had the dishonest intension right from the beginning then he has committed the offence of cheating. You can file a first information report against him under section 420, 467 & 468 of Indian Penal Code 1860.

He had executed an agreement to reinforce his promise but later violated that agreement. It further strengthens the case against him. In such a situation, you may consider initiating a civil proceeding against them to seek compensation and recover any losses incurred as a result of his breach of agreement.