Advocate Hemanta Kumar Das

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Questions Answered by Advocate Hemanta Kumar Das

Q: Regarding absence from duty from central govt job

I am working as an Attendant (Permanent Position) for the last 3 years at an Autonomous Institution under GOI. The work culture and place is so toxic that I do not want to continue anymore. My physical and mental health is taking a serious toll due to the job. I have talked about resignation but they said they will not accept it at any cost. Now if I stop going to office can they do anything apart from terminating my service ? Like police case or so? How should I proceed?

Advocate Hemanta Kumar Das answered
Rather simply being absent, first of all give a representation for voluntary retirement from the office and designation. If by hand they refuse to accept then submit it through Speed post. Then asper the situation you will have legal remedies regarding your voluntary retirement. if you simply become absent from your duty then consequence will be asper your job role and designation which you have not disclosed here.

Q: 41A notice applicable For IPC 354 or 354 D

Is 41A notice mandatory for ipc 354 ,354A 354 D .And will police station bail is there for these offences?

Advocate Hemanta Kumar Das answered
Section 41A of the Code of Criminal Procedure (CrPC) deals with the notice of appearance that may be issued by a police officer to a person against whom an FIR has been registered, but who has not been arrested. The section provides that in cases where the offence is punishable with imprisonment up to seven years, the police officer may issue a notice to the accused to appear before him or her at a specified place and time. Section 354 of the Indian Penal Code (IPC) deals with the offence of assault or criminal force on a woman with the intent to outrage her modesty. The offence is punishable with imprisonment for a term that may extend to two years, or with fine, or with both. Therefore, since the offence under section 354 IPC is punishable with imprisonment for a term that does not exceed seven years, the provisions of section 41A of the CrPC would be applicable in such cases. This means that the police officer investigating the case has the power to issue a notice to the accused to appear before him or her at a specified place and time, rather than arresting the accused. However, it is important to note that the applicability of section 41A of the CrPC depends on the facts and circumstances of each case, and the discretion of the investigating officer. The police officer may arrest the accused instead of issuing a notice to appear, depending on the severity of the offence, the likelihood of the accused absconding, and other relevant factors.

Q: Ancestral property dispute amoung brothers

The property is in West Bengal. Suppose we are two brothers. Our parents are expired and we have an independent house made by our father, where my brother is staying. I am staying far from my native for job purpose. Now it may possible that my brother will sell the property by saying that he is only successor without informing me, as the sale-deed is with him and it was not updated after my father’s death.Q1. How to take safeguard so that no one can sale my part/share of the property without my consent.Q2. Is it possible to sale my share/part or transfer power of attorney without taking consent from my brother.

Advocate Hemanta Kumar Das answered
for precaution it will be best that you mutate your neme in the undemarcated your share of the property. there after you can sell or give power of attorney to any other person whom you believe. as you are far from the locally and in your absence any illegal act may be done behind you. so it is best to take precaution first.

Q: Regarding government job form fillup for competitive exams

After acquitted from the criminal case can she apply for any government job?Can she fill any form for govt.exams if she is having pending case in the court?

Advocate Hemanta Kumar Das answered
At any situations as mentioned in your question, one always can fillup any application form of any government job with discloses of the pending or dissolved causes at the given spaces in the application forms.

Q: RTO department building a check-post blocking my entrance to my plot

We have a appx 2000 square feet commercial land beside National Highway 2 in Burdwan(713104). In 2002, NHAI occupied plots for future use. There is a RTO check-post in my next plot, they took lease of that property few years back. Now, they are building another structure in front our plot (In NHAI property). We had a meeting with RTO, he told us this decision was made by DM,RTO and NHAI collectively. As we didn\'t take any permission from NHAI to access NH directly from our plot thus we do not have any saying now. In our defence we told him that we didn\'t know about this rule also we requested him to use 20 feet of the front and leave us with the rest 20 feet. But he seemed adamant about his decision. We have already left prayers with RTO, DM, LA, SP offices but unsure of our next step.Kindly let me know if you can provide any more clarity on this matter.

Advocate Hemanta Kumar Das answered
Give a detailed written representation before all the releted authorities and if the don't turn up with a reasonable reply or if you r not satisfied with the reply then immediately approach directly to the High Court with an Writ Petition. This will definitely help you to resolve the issue.