Advocate Samudragupta Dutta

Questions Answered by Advocate Samudragupta Dutta

Q: Can writ petition be filed if no action taken by local authorities

I have certain trees that are damaging my warehouse and are also creating a danger of falling over my employees. I have report to valid my issue from most of the local authorities including DFO and Circle Officer . I initiated a civil suit last year but till now there is no actual proceedings taken by the SDM and to my surprise he visited to premise on 3 months back and didn't even care to submit his inspection report till date and no further date have been issued by him. I have even written letter to him that there is a immediate need of remedy . He neither does anything nor replies to the Letter. Can I file a writ petition or there is some other solutions to solve this situation?

Advocate Samudragupta Dutta answered
Yes. Since there is a threat to your Life in this particular situation, you can move the High Court for enforcement of your Fundamental Right under Article 21 of the Constitution on the ground of inaction of the concerned Authorities who are duty-bound under the Law to address your problem. The High Court in this Case will issue a Writ of Mandamus to the Authorities to do the needful on a immediate basis. All the best.

Q: Promotion cleared by DPC BUT held by local higher authority.

I am working in BSNL, while working as DET ( Look after), I was promoted by corporate office New Delhi to DET ( Reg.) on 28/06/2018. But local higher authority framed a charge-sheet on Disciplinary proceeding one day before the date of promotion order vindictively. The bottom-line of the issue is that I was made chairman of a Bidding Evaluation committee on OFC works. There were other 2 members in the committee. There were 2 bids, one 28% and other 35% above the estimated cost. The committee unanimously observed rate is exorbitantly higher than the Est. cost and recommended neither of the bids and there was no dissent. Also committee recommended 'however considering the importance of the works, the competent authority may take expedient decision, which was completely Ignored by the higher authority ie GM. He singled out me and charge sheeted, which proves his vindictive attitude. There were other instances of his harassment with evidence.So advise me whether I can sue when Disc case

Advocate Samudragupta Dutta answered
Firstly, it is necessary to know the contents and the charges levelled against you in the chargesheet. If they are completely baseless and without any supporting material, then the Disciplinary Proceeding itself can be challenged in the High Court. But I'm sure the chargesheet won't make any reference to any anomalies in the bidding process, since there are no such mistakes in the Bid Evaluation according to you. Therefore, the disciplinary authority must have invented some flimsy grounds to charge you. If that is the case, then the Disciplinary Action can be challenged by you under Article 226 of the Constitution.

Q: Wrongfully debarred from joining government service

I joined Assam govt. service on 9th January 2017 in Foreighers' Tribunal as Peskaar and was posted at Silchar, Assam.On 5th December 2017 I received transfer order, I was transfer to a place near my home town. I was released from from Silchar tribunal and I came to my home town, Guwahati. Next day I went to my new office/ Tribunal and approached the judge to submit my joining report.But, he didn't allow me to join.He allowed me to join after 10 days. In this way there was 1. a gap in my service record 2. loss of salary of 10 days 3.seniority loss 4.loss of experience 5. mental harassment Now, I want compensation for all these. I have all documentary evidence. Can I get justice.

Advocate Samudragupta Dutta answered
Yes. All these grievances can be agitated by relying on the relevant Service Rules, and by preferring an application under Article 226 of the Constitution of India. Further, there can be a specific prayer for reckoning the seniority and other service benefits from the relevant date with retrospective effect.

Q: Can I sue my Wedding photographer for faulty services?

Hi, it's been two months my wedding photographer is not responding on the delivery of the wedding video. The commited delivery date was 9th of Jan but since then all my calls and msgs were going unanswered. He delivered me pics of Marriage which is raw and edited and not suited to be through a professional photographer. I want to sue the for spoiling my wedding memories. Pl help

Advocate Samudragupta Dutta answered
Yes Definitely you can. You'll have to file a suit for specific performance of your agreement with him, as well as for damages and compensation. Before filing the suit, you can also send a legal notice demanding performance of the agreement by him, failing which he shall be sued by you.

Q: Query pertaining to the Transfer order released

My father (panchgarm office) and Mr Ram ( silchar office) was transferred in their same capacity through vice versa by a office order dated 10/10/2017 and accordingly my father joined at silchar office on 12-10-2017 and as per the order Mr ram was supposed to join at Panchgram... But the controlling officer of Mr ram did not release him till 16-10-2017 n on the same day a kept in abeyance order (untill further order) was issued by the ordering authority... But on 20-10-2017 my father was provided with a release order from silchar office by the controlling officer of silchar office where by it was mentioned that the release order was made in pursuance to the kept in abeyance order.... So plz provide me suggestions what should i do to get justice for my father...

Advocate Samudragupta Dutta answered
The release Order of your father has to be challenged immediately in the High Court by way of a Writ Petition, for suspension of the release Order and subsequent cancellation of the same. As the erratic movement of your father from one office to the other is absolutely arbitrary, the same can be challenged under Article 226 of the Constitution before the High Court.