Advocate Rajeev Kumar Mishra

Questions Answered by Advocate Rajeev Kumar Mishra

Q: F.I.R Lodged But Police Not Taking Any Action

Sir/madam, DySP sir ki investigation ke bad 29 july 2018 ko SC/ST act 3(2)(v)/3(1)(द,ध) ,IPC 323 ,504 me F.I.R likhi gyi.tab se abtak na aaccused ko arrest kiya gya na hi koi other action liya gya.daroga ji and DySP sir kah rhe h ki chargesheet bheji ja rhi h time lagega,hamesha yhi kaha ja rha h. SP sir se complaint ki wo kah rhe 22 -08-2018 ko DySPsir ne chargesheet send kr di h. 70 se jyada time ho gya but kuch ho nhi rha h .plz kuch help kre.thank you

Advocate Rajeev Kumar Mishra answered
Agar 29 july 2018 ko SC/ST act 3(2)(v)/3(1)(द,ध) ,IPC 323 ,504 me F.I.R likhi gyi.tab se abtak na aaccused ko arrest kiya gya na hi koi other action liya gya.daroga ji, to aap Section 482 of Criminal Procedure Code ke tahat High Court me petition dakhil kar sakte hai.

Q: FIR Quash Under 156(3)

On what grounds high court quash an FIR logged under 156(3) by district court.

Advocate Rajeev Kumar Mishra answered
You have to contact a lawyer for this purpose. There are many grounds on which an FIR can be quashed. It depends upon nature of allegation and inter se dispute between parties. If nature is of civil dispute or there are no clear allegation in FIR, same be quashed.

Q: will I get a government job when ipc 323 504 506 pending in court

Sir/madam, I am student and I am selected in central govt in class c post. there was a dispute between my uncle and my parents and he reported an N.C.R against me and my parents but as there was no action taken by policemen he approaches CJM court and filed a case against us for IPC 323, 504, 506. now the court asks policemen to present a charge sheet. I was not present there and I gave the proof that I am at my college at the time when the incident happened. will this case affect my job selection? what can I do?

Advocate Rajeev Kumar Mishra answered
Unless & until, you are not proved guilty, it will not affect to your employment. However, in such cases, many times accused need to go to court & attend the court hearing, in that, case, he need to take many leave or absents. Best advice for you is that you must go High Court for quashment of proceedings and I am hopeful that you will certainly get relief

Q: Query related to Government Job

Sir I was a lekhpal in revenue department in Bijnor district. 25 June 2016 I joined.on 15 May 2018 I resigned and joined as a teacher. Before joining I follow all formalities like departmental permissions etc.After 4 months of service I knew that there is a supreme court case in this teacher bharti. Till now revenue department did not relieve me just order orally to join another job and ask for a affidavit. I do not give affidavit so I think they did not relieve. Sir I want to know if order of the teacher bharti will be against then in that situation lekhpal job i can get and what will be the procedure to join again.Can we apply a medical certificate.

Advocate Rajeev Kumar Mishra answered
Resignation means formal renouncement or relinquishment of office having an effect of termination of employment/service. An employee has a right to resign or seek premature retirement, however, subject to the statutory provisions, if any, governing the same. The retirement may be sought with immediate effect/earliest possible time or prospectively, i.e., to be effective from a future date. Intention of the employee seeking retirement is of paramount importance. Acceptance of the application for retirement is to be considered as per the law applicable, if any, otherwise also it would depend whether it requires acceptance at all. In case relinquishment of office is of unilateral character, the resignation stands accepted as soon as it is tendered. But in case resignation requires acceptance, the Authority has to consider it and pass appropriate order. The Authority may refuse to accept the resignation if an employee is seeking retirement just to avoid the adverse findings in a disciplinary proceeding pending/contemplated against him or his services cannot be dispensed with because of the nature of work/project. In case, resignation is not of prospective nature, it becomes effective as soon as it is accepted by the Competent Authority and even non-communication of the said order to the resign or would be immaterial and employee cannot seek withdrawal of application thereafter. In fact, effectiveness of the resignation would depend upon the facts of an individual case. As you have mentioned about ‘ teacher bharti’ case, I have no idea about it. However I would like to tell you that law on the point of resignation and its acceptance have already settled by apex court.

Q: Delay in FnF from company for more than 90 days

It is more than 90 days since I have quit the job but yet I have not received the FnF amount.Please suggest what step should I take.Should take a legal step against consultancy or should wait.

Advocate Rajeev Kumar Mishra answered
1. Send reminder mails with second and third being escalation mails.2. You can send 3-4 more mails to employer as well as to top management who are known to you. 3. However if it does not fetch any result, take the case with Labour commissioner.4. Before Labour commissioner you can contest the case like suit i.e. by adducing evidence