Advocate Rajendra Arora

Questions Answered by Advocate Rajendra Arora (25+ answers)

Q: What happens if a FIR is filed under 498a ipc ?

My wife has threatened me with a FIR under 498 A. We had a small argument and she left the house with our kid. How will i come to about the FIR? can police file fir without investigation in 498a ?, Will i be arrested straight away? What does the police do after lodging the FIR? How should i be prepared for it? Please help! hindu male.

Advocate Rajendra Arora answered

If your wife lodges an FIR, it will be in the police station where she is presently residing or where you are residing. So, you can ascertain from these police stations whether any FIR has been lodged against you. Upon lodging the FIR, the police will first verify at their end whether a prima facie case under Section 498A exists. If they are satisfied that such a case exists, they will call you for investigation before proceeding with any arrest.

Nowadays, the police cannot arrest you straight away. After confirming whether any FIR has been lodged against you, you may apply for anticipatory bail before the District Judge, if required. The need for anticipatory bail arises only if you apprehend that a case exists or there are sufficient grounds for your arrest under Section 498A.

Q: Permission for higher education for govt employees rules

I am working in the Central Armed Police Force (CAPF). I completed my B.Ed. without taking permission from my department. Later, I got selected for a teacher's job, and once I received the appointment letter, I resigned from CAPF, saying that I could not continue the service for a long time.

Now, I want to know – can I do a regular course with a government job without taking permission from the department?

Advocate Rajendra Arora answered
No, as a government employee, you cannot pursue higher education or a regular course without taking prior permission from your department. If you have already completed your studies without permission and now want to join as a teacher, you may try to do so without mentioning your current job.

However, if during document verification it is found that you were already working in a government job and did not disclose it, it could create serious problems. It may affect your new job and could lead to the cancellation of your appointment.

So, it is always better to get proper permission for higher studies for government employees and be honest about your employment history during any new job application process.

Q: How to withdraw case from high court ?

i filed a case in DB(jaipur high court) i want withdraw my case without any help of Advocate. how to withdraw a case from high court ? pelase tell me the process and time.

Advocate Rajendra Arora answered
Why you don't want to avail the services of the Advocate through which you have filed the case. If there is any justified reason thereof than you can file ad application in the High Court for withdrawal of the case or remain present in the court on the next date in the court andd make a pray to the court that you do not wish to pursue this case and seek permission of the court for withdrawal of the case.

Q: Non compliance with order of appellate authority what to do

Order imposing penalty of "compulsory retirement on proportionate pension" was set aside, six month ago, by appellate authority and directed to hold re-inquiry. But appointing authority is neither conducting re-inquiry nor passing the order of reinstatement. We requested appointing authority for compliance, but no response received even after two reminder. Please advice what should we do now and also tell how we can take help of court in this regard. Please advice. Thank you.

Advocate Rajendra Arora answered
Please take up the matter with Appellate Authority or its higher authority seeking implementation of order of the Appellate Authority.Thereafter also if pursuasive method does not bring desired result, matter may be proceeded legally.Since order of compulsory retirement has been set aside, it implies that employee is entitled to be reinstated from the date of compulsory retirement and thus he is entitled for Salary thus steps for its recovery can be initiated under applicable law.Alternatively writ jurisdiction if possible can be invoke seeking directions for implementation of order of Appellate Authority.

Q: Complaint against illegal termination by company on unreasonably.

my brother got terminated by service by alligation of 15 days will full aligation.he was a cotratctual accountant in nrhm in state government rajasthan ..theas 15 days he has medical sick ness certificates and sent the application concern authority but due to melafied and ill intension he refused to take his aplication and decleared my brother will full abcence without intimation and terminated from his 8 year well done service

Advocate Rajendra Arora answered
Your brother could have sent the copy of leave application alongwith copy of medical certificate through Regd AD post id the the same was not accepted personally malafidely. Anyway the illegal termination can be challenged before the labour / Civil court.