Advocate Arka Maiti

Questions Answered by Advocate Arka Maiti (25+ answers)

Q: Pending Criminal Case and Appointment of Government Job

In 2021 My Elder Sister Filled a FIR IPC 306 Against me My mother and her Husband, After my Father Committed Sucide. Me and my mother Jailed for 2 months. After 4 year she doesn't Comes to Court For witness. District court Process is very Slow. Case is Fully My Favour.Now in 2025 I cracked a Goverment Job in Post of Junior Engineer Civil. If I Give full Declaration of my pending Criminal Case, And Police Verification Found same, Is Depertment Rejected my Candidature? What is my Legal Option?

Advocate Arka Maiti answered
You are facing a situation where an FIR under Section 306 IPC was lodged against you and your mother in 2021 by your elder sister after your father’s suicide. You remained in custody for about two months but since then, over the last four years, the case has not progressed meaningfully because your sister has not come forward as a prosecution witness. The case is weak and the evidence is clearly in your favour, but it technically remains pending before the district court.Now that you have successfully secured a government job as Junior Engineer (Civil), you are worried about the impact of this pending case during police verification. The law on this point is clear. Until and unless you are convicted, you are presumed innocent. A mere pendency of a case does not automatically disqualify you from public employment. The Supreme Court in Avtar Singh v. Union of India (2016) held that disclosure of a pending case is essential, but that in itself is not fatal. The appointing authority has discretion to assess the nature of the case, the seriousness of allegations, and the likelihood of conviction. If the case appears to be frivolous, malicious, or not supported by evidence, the authority should ordinarily not reject a candidate merely on that ground. What is considered more serious is suppression of information. If you truthfully declare the case in your attestation form and the same is reflected in police verification, you cannot be accused of suppression.In practice, the department may either allow you to join subject to the outcome of the trial, or keep your appointment provisional until the case is concluded. If they try to reject your candidature outright, you can approach the High Court under Article 226 of the Constitution and challenge such action. Courts have consistently protected candidates where criminal cases were pending but no conviction was recorded.The best course of action for you is to take steps to close the criminal case. Since the complainant is not appearing and there is no evidence, you can file an application for discharge before the trial court under Section 239 CrPC or approach the High Court under Section 482 CrPC for quashing of the proceedings on the ground that continuation of trial would amount to abuse of process. Once you are discharged or acquitted, the entire issue of pendency will vanish and you will have no obstacle in service.Therefore, your immediate legal option is to apply for discharge or quashing of the criminal case while simultaneously disclosing the truth to the department. With full disclosure and without suppression, your candidature should not be rejected merely because of the pendency

Q: WE ARE WROKING BLO IN KOLKATA FROM ESIC WEST BENGAL REGION

WE ARE EMPLOYEES OF ESIC WEST BENGAL REGION IN 2021 MY DEPARTMENT PASS OFFICE OREDER 05 OF 2021 IN ORDER 20 STAFF ARE ADVICE TO JOIN ELECTION COMMSISSION AS A BLO AFTER THAT IN 2025 THE DEPARTMENT TRNSFER 9 STAFF OUTSIDE OF KOLKATA TO DURGAPUR AND ORDERED TO JOIN TO DURGAPUR AND AFTER RETURN BACK TO KOLKATA AND PERFORM BLO DUTY BUT ELECTION COMMISSION NOT GIVE ME PRMISSION TO JOIN DURGAPUR AFTER THEN THE DEPARTMENT WAS CUT MY HOUSE RENT ALLOWANCE AND TA Z CITY TO X CITY PLESE GIVE ME ADVIE

Advocate Arka Maiti answered
This deduction appears to be arbitrary and without justification, as your inability to join Durgapur was not willful but due to official engagement with the Election Commission, which is a constitutional authority. When service under such deputation prevents compliance with a transfer order, penal financial consequences without proper consideration of the facts and without granting an opportunity to explain violates basic principles of natural justice.You should immediately submit a formal representation to your Head of Department, explaining the circumstances and seeking restoration of HRA as per your actual place of residence and duty. If this does not yield a resolution, you may consider filing an original application before Central Administrative Tribunal, challenging the deduction and seeking refund of amounts with interest.

Q: Gratuty rules for continue 5 year service with same employer

I joined a large private company on 1st July 2020 as a project fellow 6 month and continue with same employer till July 31 2025 as I will resign , Total complete 5 years .During joinning as a project fellow I receive all compensation like medical EPF bonus hra etc . My question is is this Project fellow period will be consider under gratuty 5 years continuous rule?

Advocate Arka Maiti answered
Yes, your period of employment as a Project Fellow from 1st July 2020 is likely to be considered part of the continuous service for the purpose of gratuity under the Payment of Gratuity Act, 1972, provided there was no break in service and you remained under the same employer until 31st July 2025. The Act defines continuous service to include uninterrupted employment, even if the nature of the appointment or designation changes, so long as the employee continues to work under the control and supervision of the employer and receives wages or compensation.In your case, since you were paid all regular employee benefits such as medical coverage, EPF, HRA, and bonus from the beginning of your engagement as a Project Fellow, this indicates that you were treated as a regular employee rather than a trainee or consultant. If your service has been unbroken throughout the five-year period and you were not disengaged and reappointed afresh, you would satisfy the statutory requirement of five years of continuous service as per Section 4(1) of the Gratuity Act.Unless there is a specific contractual clause or HR policy stating that the Project Fellow period was not part of regular employment, your full tenure from 1st July 2020 to 31st July 2025 should be counted for gratuity. If any issue arises, you may rely on your appointment letters, salary slips, and PF contributions to establish continuity and employee status.

Q: To speedup hearing of pending writ petition in Kolkata High court

A writ petition was filed under kolkata high court against a central administrative tribunal order in the year 2019 but till date no any hearing done and the case is pending and my advocate is not interested how I speed up the case I already changed my advocate just 1month ago please send me the process how my case speed up and finalise

Advocate Arka Maiti answered
You are advised to request your advocate to mention the matter before the appropriate Bench of the Hon’ble Court, seeking permission for early hearing, clearly explaining the grounds of urgency involved in your case.Alternatively, if mentioning is not feasible or permitted, you may file a formal application for early hearing, supported by an affidavit setting out the factual background and the specific reasons for urgency. This application should detail how any delay in listing or adjudication would cause serious prejudice, irreparable harm, or render the petition infructuous.In either case, it is essential that the urgency is clearly articulated and substantiated through appropriate documents or circumstances, to enable the Hon’ble Court to exercise its discretion in granting early listing of the matter.

Q: Surname,permanent address change for children birth certificates

In marriage registration i have add husband surname with my surname.I’m the dependent of husband medical facilities central govt job.don’t want to change my surname,maiden address for my profession.will this create difficulties to claim any medical facilities at health care system or during delivery or issuing child birth certificate?may i name my child with both surname of parents?not changing surname or address can create which issues?

Advocate Arka Maiti answered
You are not legally required to change your surname or address after marriage in order to access dependent medical facilities under a Central Government job. Retaining your maiden surname will not prevent you from availing such benefits, provided your marriage certificate clearly establishes your relationship with your spouse. If your name in official records differs from your spouse’s, you may be asked to submit a declaration or affidavit confirming your marital status and identity.Keeping your maiden address for professional purposes is also permitted and does not affect your dependent status, as long as you can establish residential ties with your spouse when required, such as through utility bills or an affidavit. For accessing medical facilities, documentation must be consistent, and your name should match your government-issued IDs and the records submitted to the health system.There is no legal bar on naming your child using both parents’ surnames. You may freely choose a hyphenated or combined surname for the child, and this will be accepted during birth registration, school admission, and other official processes, provided the name is used consistently and supported by proper parental identification.Not changing your surname or address may lead to minor administrative clarifications, especially when accessing government benefits or issuing the child’s birth certificate. However, these are easily resolved with a valid marriage certificate, identification documents, and, where necessary, a sworn declaration.