Advocate Ganesh Kumar Sharma

Questions Answered by Advocate Ganesh Kumar Sharma

Q: Junior promoted in place of senior how to get stay

If a junior person was promoted to the vacant post after the reversal of another senior person? Later, the second senior person comes to the High Court, in that case, it would be appropriate to rearrest the junior person first. Can the High Court also get his stay?

Advocate Ganesh Kumar Sharma answered
Dear As per your question no junior can be promoted if the senior is not promoted. In a case some inquiry or criminal case is pending against the senior person then in that case junior can be promoted. High court will give the stay if any injustice took place against senior

Q: Legal action against the employee for absconding from company

Hi There, I run a software company. One of my employee suddenly disappeared without giving any notice, left a very important project in between. He has signed a company agreement in which there was a clause that In case Employee, for any reason, leaves the services of the company without any notice then he shall forthwith pay 3 times of his salary. Please suggest how I can take legal action.?

Advocate Ganesh Kumar Sharma answered
Dear Once the employee leave the job without notice, employer can take legal action against the employee as per the contract. If without notice gives a regination three months salary you can claim and also claim the compensation due to him loss to the company. This all as per contract between the employer and employee

Q: harassing by the authority of Govt. Board for filing CWP

Sir, I am working in Govt. Board situated as an Information Assistant on a regular post for the last 20 years. My query is regarding seniority list of Information Assistants, wrongly finalized in my Board/department by the authorities and I was mainly affected by this. After that, I file a CWP in Hon'ble High Court in the month of Nov-2017, which is pending. Secretary of the Board (IAS Officer) is pressuring me to withdraw the case, and he is mentally harassing me that I will transfer you in some bad place of the office there will no time to think about your case. He asked me there is no benefit of the court case, it is a waste of money. Leave it. Three times he is insulted me in front of officers and my colleagues and junior staff. Now he is asking to administrative officer to transfer him from the computer section to some bad place. Please advise me I have an option to put this matter in Hon'ble court on coming hearing date ( i.e 31-Aug-2018).

Advocate Ganesh Kumar Sharma answered
Dear Your writ is pending before the Hon'ble High court. So better you tell these facts to your counsel. He will bring these facts before Cort by filing one CM application along with affidavit. Let these facts before the court.

Q: Can company force me to resign and handover details

Company hired a same post person without inform me and they order me handover all the details to other person .I am mentally harassing .company senior person forcing me I resign the company they saying u do another lower work plz give me a right advise

Advocate Ganesh Kumar Sharma answered
Dear You are working in a company on some post for which you were appointed by company. Some another employee also appointed by the company at your post and company wants that handover the charge and you resign from the post. The company can take the charge from you but can not take resignation from you as per the contract.

Q: Got legal notice from an internet company in absence to pay dues

Hi, I got a legal notice from an internet company that I owe them Rs. 3000 and it should be paid in 15 days. I did got calls couple of times before the legal notice but told them that I didn’t get service for that period. I have following questions: 1. I didn’t receive the legal notice and it was received by my house owner since I am living on rent. Can I deny that I didn’t received the legal notice? 2. If I decide to fight the case, can someone else or lawyer fight the case on my behalf in case of my abscense?

Advocate Ganesh Kumar Sharma answered
Dear As you receive a notice to pay the bill of rs3000 . You have not paid then company might have disconnected your internet. So you need not to worry about legal notice and no case fighting with company. They cannot go to court for not paying the bill.