Advocate Sanjeev Srivastava

Questions Answered by Advocate Sanjeev Srivastava

Q: Medical Negligence of Covid patient

My father was wrongfully diagnosed while being COVID positive and as a result wrongfully treated that caused his death. Can I take legal action?

Advocate Sanjeev Srivastava answered
Yes you can can claim compensation for the medical negligence on the part of doctors and pathology people. You must have all the treatment papers and the reports with you. It is better to take a second opinion also from a different doctor on the basis of documents.

Q: Will I be penalized if I break the lockdown?

In case I break any of the rules related to lockdown, will I be penalized?

Advocate Sanjeev Srivastava answered
Yes you can be penalized under Disaster Management Act, unless you have valid reasons to move out during lockdown like if you are associated with essential services or exempted under the provisions of the notification.

Q: I am pushpender, my problem is that my father name in my documents is

I am pushpender, my problem is that my father name in my documents is without surname but in fathers document its full ( with surname ) i am 12 th pass out , what else will i face in future ,and how do i come from those problem?? Pls tell meI am waiting over 2yr for expert advisors , that is why i didn't go for pahchan patra and pancard also,

Advocate Sanjeev Srivastava answered
You get a notice published in a national newspaper and also prepared a Affidavit. Submit the same with an Application and the copies of your father documents and your birth certificate to the concerned authorities and the necessary changes will be carried out. However it will take some time as you will have to get it changed in both your 10th and 12th certificate. Thanks

Q: Immediate Stay against TL issued by the Company (employer)

Although Advocate's Notice cum Reply sent to directors, CS, CFO and Manager,H.R. (after issuance of the Termination Letter by the Company to the I.A. just because many anti-trust issues against the top officials of the Company came in the recently submitted Internal Audit Reports), but the same remained un-responded by the Company. As because the NCLT (Delhi) office is apparently closed, the advocate is not able to file the Application before NCLT Delhi Bench for the 'stay' of the Termination - on 30th April 2021 as per TL issued.What is the way-out before me (I.A.) so as to continue with my employment until the suitable Application can be filed before NCLT or, any other Authority/Judicial Body?

Advocate Sanjeev Srivastava answered
dear sir you have not mentioned the details of your organisation whether it is a PSU or a private sector company or a bank or whatever you are terminated we must go through your letter of appointment the terms and conditions of your service the rules and regulations in what manner and in what under what procedure what procedures to be followed by the company for terminating your service important because that would only give us an idea on your services have been terminated and whether those Grounds are legally for sustainable or not how many years of service you have hotel and and on what position and whether it your job is a permanent job or a contractual since the service conditions of contract employment and the permanent employment are totally different if organisation or a government company you can also file writ petition in the High Court take on the your termination or whatever other relief interim relief you want to make so you must this first my mention or share your details to three things the details of your appointment the terms and condition the letter of termination and whether the job is a permanent or contractual only then your rights will be court and will be in a better position to advise you what further course of action can be taken kiss pranks

Q: Suspended without provide any reason

I am a contractual employee at Science and engineering Research Board. 12 th february 2021 around 5 o'clock in the evening our under secretary give a sealed envelope and told me to open that envelope after leaving the office. Accordingly I opened the envelope after my office hours. It was a suspension letter without mentioning any reason. Immediately I contact my offer, he was also surprise to know that. Coz I serve SERB more than 5 years and a good relationship with everyone and a dedicated worker. Next day I contact my undersecretary he told me he don't know the reason. My officer also several time ask admin what's the reason but they said it's administration related issues they can't disclose. Several time I personally contact with my undersecretary the answer was same.... He don't know anything and he ask me to wait few days. It's almost 2 months but still they are not ready to provide any reason for suspension. Who can I file a complain against tham. I want to know the reas

Advocate Sanjeev Srivastava answered
UC under contract to employment your services can be terminated without giving any prior notice or any intimation you are working for five more than five years imperative for them to give certified some reasons it is important that your let appointment order terms and condition of contract are also very important difficult for any advocate to answer before going to the terms and condition of your appointment wife in contractual appointment loa surety of in most of the cases appointment letter is such is so drafted that Pittal bahut where they say that it says you are on contract you can always be terminated without assigning any reason but in many organisations terms and conditions very from one organisation to another so you must share your letter of appointment or the terms and condition on which you were appointed then only we can suggest further course of action to you thanks