Advocate Arun Kumar Gupta

Questions Answered by Advocate Arun Kumar Gupta

Q: Is the order passed by S.P. is legal

Sir, my father was pormoted from the post of sub-inspector of police to inspector of police on 28 feb 2018 the order of pormotion was passed by D.I.G. and on 16 april 2018 he was reverted to the post of sub-inspector of police, the order of revertion was passed by S.P. According to article 311 Extract of Article 311(1) of the Constitution reads as under: “311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.-(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.” Sir in my Father's case the appointment authority is D.I.G. does the S.P. has authority to pass the order of revertion having regard to the fact that my father was promoted to the post of Inspector by D.I.G. ?

Advocate Arun Kumar Gupta answered
Your case is very clear. If your father was promoted by the DIG than SP cannot reverted your father. The reversion order passed by SP is illegal. Your father can challenge the order of SP before High Court.

Q: How many days does an order follow after SLP is dismissed

Sir, I want to know that in how many days an order should be followed if SLP in Supreme court has been dismissed and Highcourt's decision was given more then 3 months ago (28th Nov 2017).

Advocate Arun Kumar Gupta answered
It is not clear that How many days granted by the Hon'ble High Court to comply it's order. If the S.L.P. dissmissed by the Hon'ble Supreme Court without granting any further time, the time period count from the date of order passed by Hon'ble High Court, If the order not followed by the opposite parties within the stipulated period. You may send a reminder immediate and after that opposite parties not intended to follow the order you can file contempt petition before Hon'ble High Court. The maximum time limit for filing contempt petition is one year from the date of order passed by Hon'ble High Court.

Q: How can I change my advocate in a civil matter?

Till date no judgement given in my case.. Can i change my advocate.. But case in the last position.. What should i do suggest

Advocate Arun Kumar Gupta answered
There are several reasons in the court proceedings for delayed disposal of the case. No advocate can say that he get order on a fix period. You have said that your case is on last position. Whether you are not satisfied the work done by your advocate till now. If yes, you are always free to change your advocate at any stage. There is no bar.

Q: False implication of principal by school management & no pension

I am a retired principal,I have been falsely implicated by school management by first suspending me than conducting a spurious audit. But suspension was revoked by DIOS. Later on on the basis of spurious audit report my salary and pension was restricted. I have been successful in getting the department to order the investigation of the said audit but its been 4 months since due date but report is not yet submitted. I was appointed through commission and without commission approval my salary and pension is stopped. Can I file a case under art 21.??? Pls advise.

Advocate Arun Kumar Gupta answered
Management can only conduct audit/enquiry and forward it's report with proposal to DIOS. DIOS can only forward the same to the commission. Without approval no body can stop pension/salary. You should challenge entire proceeding before High Court under article 226.

Q: Police verification after 10 years of acquittal for bank clerk job

Sir/madam I was arrested in a mob case in amu Aligarh on 2007 and got bail but later my name was removed from final investigation and charge sheet and the case for others also closed and everyone was acquitted.will It is necessary to mention about it in police verification after 10 years.

Advocate Arun Kumar Gupta answered
It is not clear that the police verification for what purpose. If it is for service matter, it is necessary to disclose every criminal case lodged against you and status of that case, whether it is pending or final and produce final order if any.