Advocate Shaveta Chaudhary

Questions Answered by Advocate Shaveta Chaudhary

Q: Will pending cases against me in police clearance for new job

A case was registered against me under section 354,354d and 506.but now we have applied for quashing of fir.this will be done in jan.Now i want to switch my company.will this data be reflected during criminal background verification? Does the jurisdiction or area matters in police verification or database is centralised

Advocate Shaveta Chaudhary answered
the police verification as such is not yet centralised however if information is sought from the area of the police station where you have initially worked, it would reflect. further, quashing must be on the basis of compromise or is it on merits? if the quashing is done on the basis of compromise, that would also amount to acquittal hence even if it reflects in your criminal background verification, it would not harm your career.

Q: Not payment of Salary PF and TDS Not Deposited by the company

We are some ex-employees of a company, who has not paid us salary. The salary due to us is from 2 months to 10 months and the amount is due from more than a year. The company also defaulted in depositing our PF amount (both share) TDS amount, Service Tax amount and Professional Tax amount from last one year to respective authorities for more than 1 year. The companies Registered office is in Mumbai, and HO at Gurgaon, Site at Karnal. Kindly advise what action we can take against co, its directors and the key managerial person.

Advocate Shaveta Chaudhary answered
file a police complaint against the company officials for misappropriation of funds, and criminal breach of trust if you want to take criminal action. besides the above, file a complaint before the PF commissioner of your area against the non deposit of PF and further a case is to be filed before the Central Administrative Tribunal seeking direction against the employer for payment of money etc.How are you ex-employees? you all have left the company who defaulted to pay the salary?

Q: Can person be considered to have weak memory without medical evidence?

can police assume someone as weak memory or hila hua person without a medical doctor certificate. As other party probaby thief of my stlolen item had said to police that i am weak memory and hila hua person and police assumes on his stmt merely. none govt medical doctor certificate is shown by accused. still police assumes me weak memory and hila hua person merely on his stmt.

Advocate Shaveta Chaudhary answered
if the police is not investigating the case properly, file a complaint against the said police officers or a private complaint before the Illaqa Magistrate. the police cannot just assume on the mere statement of the accused that he is having weak memory, etc

Q: Facing mental harassment from boss at workplace.what action can i take

Dear I working in pharma pvt ltd. I am facing mental harassment & torcher from my boss. Can I file a case against my boss. 

Advocate Shaveta Chaudhary answered
What kind of harrasment are u facing? Please be specific and state few examples. That would help me to answer ur question more appropriately.This information is very less for any kind of suggestion to be given as regards legal action to be taken against ur boss.