Advocate Arvind Kumar

Questions Answered by Advocate Arvind Kumar

Q: Premature discharge from service....................

My wife went on my fathers retirement money for study to australia and now she is not coming back from there and applied for work visa i have intimated authority about my wife going for higher study but now she is telling me to come to her otherwise she is not ready to have a child as she promised that after geaduation we will be going for our first child now im only son of my parent and my father is 60 yrs old and my mother is 53 yrs they stay in hometown and nobody is there to take care of them as well she is telling to leave the service and come to australia to her because she cant handle the job and baby at the same time now with no option left but to discharge from service what should i do to begin the process

Advocate Arvind Kumar answered
you can apply for discharge on compassionate ground mentioning there in the reasons to the competent authority of your organisation if they refused to grant you discharge you can approach armed forces Tribunal there after

Q: Termination with no cause from Maid 4 Time

I worked for a US-based company as a Sales Manager for almost 3 years and was fired with no notice or cause. They still owe me money.

Advocate Arvind Kumar answered
you can challenge the action of the Employer for the illegal termination competent office dealing with subject matter that is labour Commissioner Office there after you can approach labour Court of competent judicial for the redressal of your grofences

Q: Not filling the fir against criminals

Am serving ITBPF at UTTARAKHANDnOne civil person assualt me in uniform on duty.Police not filled fir and registered my case NCR u/s IPC 323and 506 police officer said you go to court and ordered investigation order given u/s 156 my question is where is my jurisdiction for magistrate order for this investigation order. My headquarter office at Delhi and am posted in uttarakhand.

Advocate Arvind Kumar answered
cause of action will decide the jurisdiction of the magistrate who would take cognizance of the offence however if the person against whom criminal case is contemplated happens to be a public servant you need to take sanction of higher authority then jurisdiction might fall in delhi

Q: My current employer not ready to accept my resignation

My current employer not ready to accept my resignation . In offer letter clearly mentioned that serve three month or pay lieu thereof. I m ready to pay three month and bond money signed at the time of joining. I resigned to give 30 day prior notice to company. May i joined other gov job with out relieving letter . Current organization is not ready to accept my resignation due to shortage of staff.

Advocate Arvind Kumar answered
the termination of employment covered by offer of appointment no related to combination of service prevalent in the law of land however if you want to quit the organisation you may quit subject to the payment of balance months ....

Q: Date of Birth Rectification in Certificates

My Dob certificate and Education certificates have different dates on them. How can I rectify it? The municipal authorities have refused to do so as my orignal dob is on birth certificate. nI completed my 10th in 2016 and my 12th in 2018. Also I completed my graduation in 2021.

Advocate Arvind Kumar answered
is the date of birth same when you started your school if that so then matter can be before the court of competent jurisdiction . metal can be sorted only by the honorable High Court of India. for the furthers proceeding the service of lower can be sought