Advocate Rishav Rai

Questions Answered by Advocate Rishav Rai (25+ answers)

Q: Case to be filled for Manipulated Answerkeys of SC candidates

Can a case be filled against Govt. official for manipulating SC candidates Answerkeys.They inspected the answerkeys but refused to give a copy of answerkeys despite CIC order.CIC official also not taking any actions.What can be done in this regard? Can a case be filled under POA,1989 and IPC 420,487

Advocate Rishav Rai answered
Based on your question about legal action regarding answer key manipulation and CIC order non-compliance, here are the potential legal remedies available:- You can file a complaint under the Prevention of Atrocities Act (POA), 1989 if there is clear evidence of discrimination against SC candidates.- Criminal charges under IPC Section 420 (Cheating) and 468 (Forgery for the purpose of cheating) can be pursued if there is evidence of deliberate manipulation.- Additional legal steps you can consider:- File a writ petition in the High Court under Article 226 of the Constitution- Lodge a complaint with the National Commission for Scheduled Castes (NCSC)- File an RTI appeal with the Central Information Commission's appellate authority- Submit a complaint to the concerned department's vigilance wingIt's advisable to:- Document all communication and evidence thoroughly- Consider filing a contempt petition since the CIC order was not followed

Q: West Bengal Online RTI Portal NO RESPONSED

It has been more than 05 months since I filed the RTI on the West Bengal Online RTI Portal; I have not received any response yet. APPEAL: NO RESPONSED

Advocate Rishav Rai answered
Since you haven't received a response to your RTI application and first appeal for over 5 months, here are the steps you can take:**File a Second Appeal:**- You can file a second appeal to the West Bengal Information Commission- The appeal must be filed within 90 days of the date when the first appeal decision was due- Include copies of your original RTI application, first appeal, and all relevant documentation**Additional Actions:**- Write to the Chief Information Commissioner of West Bengal highlighting the delay- Consider filing a complaint under Section 18 of the RTI Act alongside your second appeal- Keep records of all communication and reference numbersRemember, as per the RTI Act, you should have received a response within 30 days of filing the original application, and your first appeal should have been addressed within 30-45 days.

Q: How to seek deceased father's government job after his death?

My father was a DSCSC govt. employee in Delhi..died in April 2025 due to health problems at the age of 59, 18 months before retirement.In our family, my mother, 3 sisters and me(son) live in a small owned flat, 2 big sisters are married, mother is a housewife and a sugar patient. My small sister is also suffering from illness as she have hole in her heart. My age is 28 and am unemployed, no regular source of income to handle household expenses and supplies.What should i do , what is the proce

Advocate Rishav Rai answered
I understand this is a difficult situation. Here are the steps you should take:Immediate Government Benefits:- Apply for Family Pension through your father's department - your mother as his widow would be eligible- File for Death Gratuity payment- Apply for Group Insurance Scheme (GIS) benefits- Request for Leave Encashment of your father's unused leaveHealthcare Support:- Check if your family is eligible for continued CGHS (Central Government Health Service) coverage for medical treatment- Look into government schemes specifically for your sister's cardiac conditionAdditional Steps:- Visit your father's office and meet with the welfare officer who can guide you through the paperwork- Collect all relevant documents: death certificate, service book, pension papers, last pay certificate- Consider applying for compassionate appointment (employment) in government service as you are an unemployed dependentFinancial Planning:- Open a bank account in your mother's name if she doesn't have one- Register for widow pension schemes if available in Delhi- Look into skill development programs or employment assistance programsIt's advisable to act quickly as there are usually time limits for claiming various benefits. Consider seeking help from your father's colleagues or union representatives who can guide you through the process.

Q: Regarding birth certificate gap in Registration date

My brother birth certificate is issued after 10 years of birth as he was born at home and now he is 17 so his date of birth and date of registration shows around the gap or more than 10 years now he is an athlete and the federation does not allow him to participate with the same certificate they states that their is a huge gap in your registration so which kind of proof should I give to state that he haven’t reduced his age and the certificate has been applied late that’s why their is a gap.

Advocate Rishav Rai answered
For situations involving delayed birth registration, here are some documents and evidence that could help validate the birth certificate:- Hospital or medical records from around the time of birth (if any consultations happened)- Affidavits from relatives, neighbors, or community leaders who can testify about the home birth and the actual date of birth- School admission records showing when your brother first started school- Any religious ceremony certificates (like baptism) from early childhood- Local government or panchayat records that might have documented the birth informally- A detailed explanation letter from parents stating the reasons for delayed registrationIt would also be helpful to:- Get the letter/explanation notarized- Obtain a certificate from the registration authority explaining why there was a delay in registration- Contact the sports federation directly to understand their specific requirements for such cases, as they might have a standard procedure for delayed birth registrations

Q: eligibility for obc ncl for a psu employee child

My father is a psu employee and joined the post at age 42, my mother is a housewife and we have no additional income from other sources . Only salary of my father is our income . It is above 8 lakhs , his job is below managerial level or executive level, he is not in junior management grade scale-1 either, according to staff rules book, he is class 2 employee , am I eligible for obc non creamy layer?

Advocate Rishav Rai answered
-Since your father is a Class 2 employee in a PSU and is below managerial/executive level, the income limit for Non-Creamy Layer would be ₹8 lakhs per annum.- However, since your family income is above 8 lakhs (from your father's salary), you would fall under the Creamy Layer category.Therefore, you would not be eligible for OBC Non-Creamy Layer status, even though your father is in a non-executive position. The income criterion takes precedence in this case.