MyNation Foundation Forum » Advice » 498A

498A affect on CCS(CCA) and conduct rules

(12 posts)
  • Started 7 years ago by swamy123
  • Latest reply from Dr.Dsouza
  1. swamy123
    Member

    False case registered under section 498A of Cr.PC ...

    What is the affect on the service matters of the accused No.2, a central government employee with reference to
    CCS(CCA) rules and Conduct rules ?

    All service benefits i.e., PROMOTIONS/PENSION/GRATUITY/COMMUTATION/FIXATION OF PAY UNDER REVISED PAY RULES 2008 are stopped..

    I Solicit your precious suggestion..

    Posted 7 years ago #
  2. alwaystruth
    Member

    Get ABA as soon as possible if the govt. servant or employee is behind bars for more then 24 or 48hrs then ita affects their govt. job thats what i heard from my lawyer, please confirm with others

    Best is not to go inside at all , just get Anticipatory bail and avoid arrest

    Posted 7 years ago #
  3. sanjaymehra
    Member

    and use the fact of your being a government servant to your advantage when you go for AB. It has a way of working magic in front of a judge who is a government servant himself.
    warm regards
    sanjay mehra
    9811079727

    Posted 7 years ago #
  4. Adv.Kachave
    Blocked

    Dear friend if your divorce petition is pending proceed it be free from your wife, if she lodged complaint , challange the same, if possible try to quash in High. Dont worry nothing will happen , be bold try to defend injustice & corruption http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  5. swamy123
    Member

    Hai friends,

    Extremely thankful for your spontaneous response to help me. We have already passed through all that ordeal five years ago and obtained anticipatory bail before hand. Now the 498a case is in appeal stage. We are fixed in a high level conspiracy and with a minister backing them up, the perpetrators used influence in our department.
    Within a week of registering the case in the police station, the Head Constable (who claimed to have completed the investigation) wrote a letter to our office stating that a prima-facie case exists. All this has happened one and half years before my retirement. Our office took the contents of that letter to be a Gospel truth and stopped all my service benefits as stated in my first reference.
    Now the point of doubt is "whether a case u/s 498a has any bearing on the service matters of a Central Govt. employee and if 'yes' - to what extant?"
    I feel that it is highly ridiculous and ludicrous to link them (especially when I am only A2, the father of A1 and my son is self dependent and I have absolutely no control over his personal affairs)
    I shall be highly grateful, if some kind of a reference or verdict is made available, by any learned judiciary or legal fraternity, to save a senior citizen from starvation at this oldage.
    With Regards,
    yours sincerely,
    Swamy

    Posted 7 years ago #
  6. swamy123
    Member

    Though more than 7 months have elapsed since my last posting, I haven't received any advice or direction from any of our brethren. I have been searching in various forum(s) through internet to find out some advice or at least a convincing reply to console me. To my utter disappointment, I could not find even a single case where 'a case u/s 498a is connected to CCS (CCA) Rules of a Central Govt. employee.' I personally feel that this is one more unjust and brutal action of our Law makers in making Govt. servants more vulnerable to the blood-sucking wives. Except the own version of the estranged wife of my son, there is nothing on record to show or testify the so called harassment or cruelty. Recently, I have come across an order of 'CAT New Delhi ' in the case of a senior member of **** shri Jogeshwar Mahanta, wherein a mention about some clarification of Ministry of Law was noticed. Is there any way to know whether there could be any " nexus between a case u/s 498a (whether false or true) and the CCS(CCA) Rules of Central Govt. " causing forfeiture of all service benefits of every kith and kin of the husband or at least "a copy of the clarification of the Min. of Law " in this regard.

    Posted 6 years ago #
  7. ADMIN
    Key Master

    You say there is no on record to show harassment is true then why dont you file appeal to quash it.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 6 years ago #
  8. swamy123
    Member

    None of our lawyers ever told us about any of the provisions that exist in such cases. Being believers in truth, we have been under the impression that truth triumphs and honesty wins. Only when the Magistrate failed in her attempts for a compromise (in fact she herself was fighting a family case and was bargaining to set her husband free from her clutches, which was settled @ 30 lakhs), days before our judgement, she called our lawyer into her chamber for unknown reasons, (perhaps expecting our lawyer to make an offer) and ultimately, she deceived us by asking our lawyer to withdraw the plea of “jurisdiction” (the case u/s 498a was filed out-side its legal jurisdiction) and gave a verdict against us, we have gone through the law books and asked our lawyer about the provision of “quash”. From the past seven and half years of my court experience, I feel that many of the lawyers are either unaware of the “laws” or keep their clients in dark and squeeze fat fee for just dragging the case for unlimited periods, as long as the client is milking. For that matter, even the judiciary is not honest, as our experience reveals. As already said, high level political influence on the side of our adversaries also still persists. Our lawyer thwarted the idea of quash and suggested for an appeal. In this appeal court, the case was passed through 3 judges. The first two were honest and well appreciated the facts of the case. Almost all arguments were over and the Judge was about to deliver the judgement and asked the PP for his side of final arguments. Sensing their failure, our opponents sought for adjournment and immediately got the case transferred to another court. When the judge in the other court also could not be made to bend, they dragged on the case till that judge was transferred and a new incumbent joined in that post. To our ill luck, this one turned out to be corrupt to the core. Immediately on joining in the new post, on promotion, through one of his agents (?), he moved the matter (?) with us. Though there was not even an iota of truth in the allegations made by the estranged wife, having been fed-up with these court cases for the past seven years, our lawyer told him that we would pay some nominal amount. But he asked for some big ransom, which of course was beyond our reach. Within days of his joining and immediately on hearing our “no” to the deal, this judge confirmed the judgement of the lower court in to-to. Before the earlier judges, we have offered our-selves even for narco analysis tests if necessary. Now we are proposing to go for a second appeal. However, we are afraid, because many people are saying that as Two lower courts have given judgements against us, the High Court will not go deep into the merits and demerits to adjudge the case and our chances to establish the truth are bleak. Is it correct?
    My actual doubt for which I need a clarification is whether there can be any nexus in between the case u/s 498a (and its possible consequences) and the Service Rules of Central Govt. employee (especially persons other than the main accused) and if so, to what extent and how it should be regulated. I have been searching in various relevant fora, but have not come across even a single such instance. Only in the judgement of Mr. Jogeshwar Mahanta, a reference to some clarification given by the law ministry has come to my notice. I would like to go through it to see if it can help me in sorting out my problems. As already mentioned earlier, all my service benefits, including promotions, have been stopped and I am being paid a paltry amount in place of pension for my service of forty long years rendered to this great Bharat.

    Posted 6 years ago #
  9. myproblem
    Member

    Dear Sir/Mam

    SUB – URGED FOR SAVE US (SENIOR CITIZEN) FROM THE VICTIM OF 498 A SECTION , WHICH SUPPOSED TO BE LODGED BY OURS DAUGHTER IN LAW AND HER SISTER AND MOTHER. CONSTANT THREATEN GIVEN OUS FROM DIFFERENT MOBILE PHONE & CONTINUOUSLY ASSULTED MY SON.

    Respected Excellence,

    I Smti. Minati Dev, wife of Sri. Nirmalendu Dev (Retired Assam State Govt. Employee), SENIOR CITIZEN OF INDIA residing at Silchar, Assam after Retirement from the Service from Health Department and staying at Malugram , Silchar . I am basically inhabitant of Silchar

    That Sir, we have two sons and both of them are working under different private company and elder one staying at Guahati and younger one staying at ORRISSA for their own service since last 10 years and 4 years.

    That Sir, After the retirement from the service of my husband and after joining OF MY ELDER SON at private company, we finalized the marriage (Arrange marriage through Paper Add) of my elder son Sri. Nilanjan Dev (Nanku) with Smti. Joyita Datta (Dev), youngest D/O of Lt. Rishikesh Datta , of Narshing Road , Ambika – patty , Silchar in the year 2004. As the marriage is arranged marriage and on the basis of paper advertisement, hence we try our level best to make it colour full.
    That Sir, but after the 6/7th day of Marriage, it is observed that our daughter in law habituated in addiction from drug, particularly Tablet / Liquor and she collected the drugs that is TABLET from her own sources ( Particularly some young boys near by her parents residences). She always became furious and dangerous after consuming drugs and tablets.
    That Sir, thinking the best of their marriage life we gladly allow her to live with my son and her Husband at his own working palace, i.e. at Guhawati. Ultimately a baby issued from their site and we bear all the expenditure for the birth of the baby. By that time my youngest son doing his MBA at Merut with the help of EDUCATION LOAN FROM THE BANK (Which is till under recovery on monthly basis) and Ultimately Joined at service at Lucknow , & now working at Bhubanaswar , Orissa.
    That Sir, in the mean time addiction towards Drug and Alcohol of my Daughter in Law increased day by day .We try to understood herself at Guahati at my son’s residence with her mother, but all the efforts from our part and my son’s parts been nullified, & we rather force to leave the rented house of my elder son after she beaten me & my husband causing serious injury and she try to black mailing us with her mother and sister. It’s very much matter of shocked that she beaten me, my husband and my Sister in law at Guahati , in presence of her mother. She always threaten us and afarid us for applying 498/498-A section of IPC against us. It Is Most Important For Your Kind appraisal that We are Separately Staying At Silchar in Our Own Resident Since Last Two Years And Not A Single Day Time We Spent With Our Daughter In Law & my sons only For The Fear of Such Victims as my daughter in law maintain relation with some local “Gundas” . It also needful to mention here that my Daughter in Laws & her mother have close contact with Political personals ( Like one MLA & MP Of BJP & Others ) and some police officials at Silchar & this relation might have due to some illicit & unworthy means.
    Recently She ( MY Daughter in Law) conduct a fraud case & withdrawn money from the bank account of Ex- house owner ( Where She & my Son stayed earlier , i.e. rented house) Smti. Lilabati Mohanta & her younger son Mr. Karnamoni Mohata , Rampur , Guwahati , Dist. Kamrup , Assam having Account in Panjab National Bank Branch ,Fancy Bazer Branch bearing No. A/C . 3013000100051895 , and an amount of `. 20000.00 (Twenty Thousand Only) drawn through Cheque No.687638 , dated on 09/02/2011 with false signature of the Account holder by my daughter in law i.e. Mrs. Jayeeta Datta (Dev) , which later on mutually minimized by her mother & the Account holders . My son details inform the bank authority from his part.
    Apart that, she involved with many others illegal activities, like spend night out side the residence, consuming liquor regularly, cheat the public in different ways and obviously violating the domestic laws & peace.

    That Sir, several meeting and SALASHI done with her family members and ours and with others localities for better Relationship. Even she also taken under treatment of DOCTER, even at MADRAS, but we failed to back the peace of the family.
    That Sir , Under the circumstances we are help less to save us & our Son & his only daughter form such activities of my sister in laws & her mother.& sister. It is again for kind appraisal that her elder sister (sister of my Daughter in Law) also conducted same activities with her husband & existence of her husband is not known to anybody since from 2 years.
    Madam,
    IT IS THE URGE OF SENIOR CITIZENS & TO KEEP THE FULL RESPECT TO THE INDIAN CONSTITUTIONS / HUMAN RIGHTS, PLEASE VERIFY THE ENTIRE MATTER IMMEDIATELY WITH AN INDIVIDUAL AGENCY/ GOVT. AGENCY & SAVE US FOR SUCH MENTAL HARRASHMENT & WITH DUE REQUEST TO PROVIDE PUNHISHMENT TO US (IF WE FOUND GUILTY TO A MINIMUM %).
    It is also for your kind information that my son recently shall suit a case for legal separation at GUHAWATI , and for that also the entire family of my daughter in law may became more furious ,even they also murder us and kill us ,as they are financially much more sound with muscle man / political man back ground. (as apprehended ).
    Hence, please save us.

    Yours faithfully

    Smti. Minati Dev.
    Sri. Nirmalendhu Dev.

    Posted 6 years ago #
  10. Dr.Dsouza
    Member

    If they are giving threats on mobile then, you can report it to police, same complaint you can forward to SP, so they can take action.

    You can write to LSA of Assam in details.
    their Address is
    The Gauhati High Court Legal Services Committee
    Gauhati High Court
    M.G. Road, Guwahati 781001
    Telephone :(0361) 2735868, 2735869, 2637179, 2600008
    Fax :(0361) 2735863, 2735867, 2732541, 2734346
    E-mail : ghclsc-asm@nic.in
    http://ghclsc.gov.in/ You can submit complaint on their website too. as they have to Help senior citizens as per their rules.

    Also submit complaint on http://ncw.nic.in/

    Posted 6 years ago #
  11. swamy123
    Member

    Friends,
    A couple of years ago, I started this thread with a strong faith that help & advice from many quarters would pour-in and we could bail out of the ocean of sorrow . But after almost an year, some strangers' thread/posting with their own problem got into my thread. My query to know the reasons for the flaw as well as the main point at which my thread was sabotaged remained un-answered. As no more references from the 'Assam couple' appear to have been made, I would like to continue my thread, if permitted by the Admn.
    Besides the 'reference of Law Ministry, sought for by me (pertaining to the case of Sri Jogeshwar Mahanta)' , any other citations which can throw light about the impact of the case u/s 498a on the service matters would be a welcome .

    Posted 5 years ago #
  12. Dr.Dsouza
    Member

    Members here exchange their knowledge as per their capacity; and we do not guarantee that we will answer all questions. and solve problem of everyone.
    we are spending time and our resources by answering others questions in a hope that you also do same thing, same way or as per your capacity.
    so do not expect we do miracles and solve your problem. everyone here has their own problems and facing trials worst than you. have you dont anything for them ....?
    there are many 1000+ judgments posted here http://mynation.net/docs/ have you searched there before asking citations or try to read same type questions and answers here in this forum....?

    NO

    all want easy FREE meal.... and there is not such word as FREE meal.

    Posted 5 years ago #

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