Advocate Arka Maiti

Questions Answered by Advocate Arka Maiti

Q: Can i file a separate PIL when my writ is pending

My concurrent petitioner in his separate writ has got an ex-parte order in 2019 on approval issue but my writ is till pending from 2017 and getting no date, even, thanks to my lawyer, whom I paid all his fees. All issues are same and against so-called defects in selection procedure itself, I think no court can now give any different order. In such scenario, I want to file a separate PIL on article 14 and tag two cases. Can I do it? Interested experienced lawyer may please advise me. My writ is in kolkata high court.

Advocate Arka Maiti answered
Public interest litigation on service matters is not really maintainable. When you have already taken out a writ petition then on the self same cause you action you cannot take out another writ petition. On this ground also PIL will likely not succeed. Better course would be to pursue the petition already filed and get your relief in that petition.

Q: General transfer of a teacher in WB

I am a teacher in a high school of bankura district. My subject is commerce. The distance between my home to my school is 110 km. I applied for general transfer in any other ground. Student strength is zero in commerce last 3yrs of my school. But DI returned my application due to single teacher in commerce.please give your suggestion.

Advocate Arka Maiti answered
The DI cannot return the application in view of the notification dated September 22, 2021 issued by the directorate of school education. You have the challenge the decision of the DI before the Hon’ble Court by filing a writ petition.

Q: False report and ongoing departmental proceeding

Sir,nI am working in a CPSU and last year a committee of higher officer visited my office ( I am posted in field office) and due to some personal grudge send a very adverse report against me owing to which a departmental enquiry is underway. The report is wayward and doesn't include any violation of Sop/guidelines of my office and also no financial loss or involves any complaint received from any person. Now as they are big officers with strong hold in our higher offices so my dept was compelled to issue a major chargesheet against me. Now this has given me immense mental pressure and defamed my status. I have been ordered transfer from my hometown and withdrawn from all sensitive post. Even during the the enquiry it is pre determined that my Disciplinary authority won't exonerate me. In between I cannot sit for departmental promotion exam or any other exam also. Is there any legal way tools quash the tranfer order/departmental enquiry and any legal step against these officers?

Advocate Arka Maiti answered
Please clarify whether the enquiry is underway or has it already been completed and culminated in a report. If the transfer order is punitive in nature, you can always challenge it in Court. So far proceedings are concerned the same can also be challenged on different grounds including bias, pre determination, perversity etc.

Q: INORDINATE DELAY, NON COOPERATION TO ALLOCATE PROPERLY MY FLOOR PLAN .

I HAVE BOOKED, WITH UNREGISTERED SALE AGREEMENT, IN NOV 2019. NOTHING HAS DONE IN 2019-20. CONSTRUCTION STARED AFTERWARD WITH VERY SLOW PROGRESS. NOW BRICK WORK STARTED EXCEPT MY PORTION BUT OFFICIALLY FLOOR PLAN NOT YET GIVEN TO ME. I HAVE ALREADY PAID 75% OF BOOKING AMOUNT .I AFRAID THAT INDICATION IS SHOWING I MAY BE CHEATED. PLEASE SUGGEST.

Advocate Arka Maiti answered
If the agreement stipulates specific time period, you can approach the relevant consumer forum, if the work has not been completed within such period of time. You can also pray for damages for delayed delivery of the Flat.

Q: Transfer ownership from late fathers 2 brothers via gift deed

My father passed away last June and my grandfather passed away last April. Our house is in the name of my grand father and father. Neither left a will. My grandfather had 3 sons. My 2 uncles want to transfer their share in the property, which they got after my grandfather's demise, to my mother via a gift deed. They both reside in Mumbai. We wanted to know the procedure for online transferring of the ownership of it exists, since due to health Conditions its not possible for them to come.

Advocate Arka Maiti answered
Registration of deeds are still not done online in most States. Appropriate course would be for your Uncles to execute Power of Attorney. The Power of Attorney holder can present the deed for registration.