Advocate Janane Ganesan

Questions Answered by Advocate Janane Ganesan

Q: What can i do if issued a show cause notice ?

Hi Sir, I was joined a job on Dec 1 2017 and resigned on 16.04.18...I suppose to serve the notice period of 3 months as per my appointment order, but I could not do that. I send a resignation mail to the employer stating that I was going to medical treatment. Now I joined a new job. Now my past employer threatening me that they going to file a case against me and sending a letter to my current employer to terminate me from the job. And they going to issue a show cause notice to me. I need to know shall I receive the notice? Or send it back to them? If I receive what shall I do? Pl. Advice..

Advocate Janane Ganesan answered
when your appointment Order clearly stated that you must serve 3 months prior notice before leaving the job and that you have accepted the same when joining your previous job, it is not fair on our part to resign without giving them prior intimation. you can do things in the present case.1. receive the show cause and attend the enquiry proceedings and try to amicably settle the issue between your previous employer and yourself.2. Or, if there was an exceptional circumstance as to why you could not serve the three months notice, it can be taken as a ground to file a writ petition.But it is a general practice of the court that they dont generally encourage writ petitions challenging show cause notices since it is a premature stage. I would advice you to go by the first optin

Q: Filing writ petition in high court for illegal termination from job

I have worked in a nationalised bank for 34 years. When I was worked as branch manager in kerala I was transferred ₹53000 to one loan account from collection account in order to avoid the loan become NPA before one year and recredited back to collection account. For this bank terminated me 11 days before my retirement on 31/03/2018 I sent an appeal to bank and reply not yet received My question is which highcourt I will file writ petition in Chennai or Kochi and approximate expense for filing including advocate fee. Now I settled in kerala.

Advocate Janane Ganesan answered
How long has it been since your appeal to the bank? And if you have not received any response for more than 15 days you can file a writ before the kerala high court as cause of action has arisen there

Q: Can I get a divorce if my husband is not ready

Hindu got married three years before need divorce as terms is not good and no mutual understanding..like to get out of this marriage and he is not cooperating Wat to do.

Advocate Janane Ganesan answered
hi, there must be a proper ground for you to seek for separation. mutual consent is the most speediest way to have a divorce. if your husband does not agree for mutual consent, then there must be strong reasons from your side seeking for separation. jot down the reasons and file for separation, but let me assure you, contesting for divorce separately will take quite some time

Q: How to get a premises vacated if the case has been disposed off

As i have filed a case in 2012 for vacation of a place which was rented. As i am the landlord, The judgment was disposed on 2015 for vacating the place in one month. But my lawyer said that he has appealed but according to the statement, his appeal date was 5 months later than the judgment day. now its being 6 years since case filed and his appeal papers are not in our hand. Please advice me how do i make him vacant the place now.

Advocate Janane Ganesan answered
if you are the landlord and if you have an order to vacate the tenant from the premises, you can very well execute the Order. but you have mentioned that your lawyer has failed to file an appeal beyond the period of limitation which is what i am unable to understand. whatever it may be, right now you have a case in favour of you and you have all the right to vacate the tenant from the premises. with regard to filing of appeal of appeal beyond 5 months from the date of judgemement, there is always a provision for condone delay and the delay can be condoned.

Q: Can a Defamation Suit be filed on the ground of suspicion

A friend of mine is a honest officer. As he is strict, he is facing a barrage of frivolous and scandalous petitions sent either anonymously or pseudonymously. These petitions are an insider job and he suspects a couple of persons. Now he would like to know what legal remedy is available to him. Can he file defamation against the said couple of persons based on suspicion? Can he file an FIR?

Advocate Janane Ganesan answered
A defamation cannot be filed on people on the ground of suspicion. If you have any doubt on any person you can lodge a complaint in the police station and direct the same to be investigated. but to file a defamation petition there must be proof of any such publication or anything said orally by such person.