Civil Matters

Charge sheet without preliminary inquiry and show cause notice is illegal

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I have been working in the Postal Department since 2011. My past service record is very neat and clean in all respects. My senior officer did not sanction medical leave and stopped my salary for two months. He is also a disciplinary authority and he issued a charge sheet without preliminary inquiry and a show cause notice. I am facing mental harassment by a government officer who is very rude and treats his subordinate officer as a slave.  

One day when my illness became worse (there is some problem in my cervical spine and that is why I am suffering from cervical spondylitis), I applied for leave from home as my condition didn’t allow me to go to the office. My employer asked me to submit medical documents and I submitted the same, but he didn’t grant my leave and asked to join the office. Otherwise disciplinary action may be initiated against me. He also sent my medical documents to the CMO office for a second opinion.

He sent me three back to back notices directing me to join the office, but I didn’t join due to my health. I am assured that I will join the office as soon as I become fit. In spite of this, he served a charge sheet to me for submitting representation within 10 days. More importantly the opinion of the CMO is still pending.

I want to ask if my department gives me a punishment order or any other punishment like transfer etc. Can I file a court case against the department? Besides, can an OA or WP can be filed against them for not granting my leave and for holding my salary in spite of submission of medical documents?

Transmission of securities in DEMAT account: from the deceased’s account holder to his legal heir

My sister is the legal heir of her husband’s demat account. Her husband died on 12-02-2021. His father is the nominee of his DEMAT account. My sister wants transmission of securities, bonds, shares in the demat account to the legal heir after the death of the account holder (husband). Since my sister is the sole legal heir of the deceased account holder but her father in law is claiming his ownership on the securities kept in DEMAT account. How can my sister get the share of the Demat Account of her husband or encash the securities where the nominee is her father in law? Please advise.

Contempt: non compliance of ombudsman’s order

I had filed the case in ombudsman against LIC of India in which award was passed(on 28.08.2019) in my favor but LIC did not follow that and told me that they are going in high court against it but it’s been more than 11 months since any action has taken from LIC or ombudsman. What to do for non compliance of ombudsman’s order? I have complained about this to both the authorities but no resolution has come up. No PIL no. has been shared with me by LIC.

Government is constructing a public road on my land

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I have my house in the village of UP. There is a construction of a road under (MPLAD Scheme) in front of my house which is my land. A few of my neighbours are threatening my family for the construction of a public road. I have the documents to prove that the government is illegally constructing that public road on my land. What should I do to stop this?

Parents right on choosing life partner for their children

In one family, parents gave their whole life to improve the life of children. But after getting a job children defied all the advice of parents and married a girl according to his choice. Parents are losing a right to choose a life partner for their children. Can parents don’t have any say in fixing the marriage of  their boy?

Can I claim interest on the money given to my friend

I gave 18 lakhs to my friend for his export business via a bank account. For assurance I took 5 cheques equivalent to 18 lakh. And 10 blank documents paper nothing written on it just signature. He assured me profit about 2% monthly. And he exported goods to Qatar worth rupees 40 lakhs to his Qatar firm. As per RBI norms within 8 months he had to regularize with payment. He didn’t bring back the money yet. He didn’t give me a profit share and did not return the principal amount. 

He didn’t have any fixed asset in India. How do I can pressurize him. Other than cheque bounce case can I report any other case. Like he took INR to Qatar not to bring back kind money laundering. He says he met loss and can’t give back his family financially. We are both from Kerala and now he has moved to Kolkata. How I can pressurize him. He is aware about cheque case but he thinks it will take many years to compete. I gave him from overdraft I was unable to make payment towards my OD.

Agreement to install a mobile tower

I have made an agreement previously for installation of a Mobile tower with the M/S ATC Telecom Infrastructure P.Ltd Secunderabad on my building. In this regard, the colony people filed a Writ Petition before the High Court objecting the erection of Tower on my building by showing the unauthorized construction of the 2nd floor of the building. Considering the said Writ Petition the High Court has issued orders to the Municipal Authorities to take necessary action as per law on my unauthorized 2nd floor. 

Accordingly, the Municipal Authorities came to the building and demolished the 2nd floor partially, which caused financial loss and also loss of social prestige to me. It is also a huge financial loss when the Municipal Authorities will take action as per the rules. At the same time the colony people are also objecting to the running of the Tower in my building.  The colony people will withdraw W.P. when I cancel the agreement with ATC. At this time, what will happen when I cancel the agreement with ATC company, and future any problem with Municipal Authorities to my building 2nd floor.

Owner does not returning money in agreement of sale

My father purchased 2 and a half acres of agricultural land in our village and had an unregistered agreement of sale from the seller last year in the month of Feb 2020 and upon Contract, we have given them 10.5L Rupees as an advance amount. The sellers are 7 brothers and out of the six members in need of money and sold the land through contract. The one elder brother did not sell his part of the land but was given permission to sell their share of land (this is seven brothers’ joint property). However, In contact, they had a time period of 5 months for the execution of the sale deed. That did not happen due to covid-19 lockdown (as they said).

In the meantime unfortunately the elder brother has died and his sons started opposing it. Previously they had sold the land for which they did not receive their share of the money which they claim. Now they have filed a civil suit which claims this whole land belongs to them. Moreover, their father did not raise this concern at the time of agreement (It is a fake case just for enmity).

So we keep asking them for the execution of the sale deed but they are giving false promises, Please provide us the suggestion on what we can do now.

Can bank terminate my service on leave without permission

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Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to Feb. and from may to Jul. I do not have medical certificate from Jul. to oct ( till I joined). Also I have completed 7 years of service without any Loss of pay. But due to some serious medical condition I was in hospital for three months. Later on I have resumed my duties. I was again suffering from same medical condition also I changed 3 doctors for same. Now I have resumed my duties.

How to annul the illegal transfer of membership by CHS

Society transferred the flat and membership in the name of purchaser on the basis of unstamped and unregistered agreement in June 1989. Purchaser has not paid consideration amount therefore, the possession of the flat remains with the seller.  In December 2018, seller came to know that the transfer of membership to the purchaser is not valid and therefor it is null and void. Hence, seller wants to annul the illegal transfer of membership by the society.

How can I convince to the society about their illegal and invalid transfer of membership to the purchaser and request the society to restore back the membership in the name of seller (original member of the society).  Society is located in Mumbai, Maharashtra. Thanks