by Shivendra Pratap Singh | Apr 26, 2025 | Service Matters
Member of DPC favoured a candidate in promotion and keeping him ahead to me. The DPC adopted grading method in preparing seniority list. That grading method also helps me to be at the second position in the seniority list. But the DPC deliberately keep me at the fifth position in the seniority list. When the tentative seniority list was published by the departmental promotion committee we filed objection against it. Our objections were considered by the DPC but once again manipulated the grading system and kept me at the fourth position in the final seniority list. The grading system does not give an unfettered right to the DPC to prepare seniority list. I specifically filed an objection against the final seniority list and also raised question against the favour of the member of DPC to the candidate who stood at the second position.
When I raised that objection the final seniority list was once again scrutinized by the DPC. The minutes of the DPC proceedings infer that when the name of XX was put for consideration the said member of DPC not sit. It is an attempt to show that seniority list has been prepared honestly. But after scrutinization of final seniority list my position came down and I have been kept at the fifth position. The promotion order has been passed on the very next day of publication of seniority list.
Asked from: Uttarakhand
When you raised an objection regarding the bias of one member of the Departmental Promotion Committee (DPC), that member abstained from the meeting when the candidate in question was considered. This shows that the member had a personal or vested interest in that candidate’s promotion. Your objection is valid.
If a DPC member has a personal interest in a candidate’s promotion, the entire promotion process becomes invalid. Additionally, the manipulation of the grading system to give extra weight to that candidate further proves that the DPC did not act impartially.
Every administrative and quasi-judicial action must be fair and free from bias. In matters of bias, it is not necessary to prove that the member is actually biased. If the member has a personal interest, there is a likelihood that he will not act fairly. This likelihood is enough to establish bias.
In the case of A.K. Kraipak and Others vs Union of India and Others, the Supreme Court held that all administrative and quasi-judicial decisions must follow the principles of fairness and natural justice.
One important rule of natural justice is that no one should be a judge in their own case. Even though the member was absent during the sitting when the candidate’s name was considered, he may still have influenced the other members. This possibility cannot be ignored.
Therefore, the entire DPC proceedings and the resulting promotion order should be cancelled. You should file a writ petition in the High Court to quash the promotion order and request that the DPC process be conducted afresh. The minutes of DPC also proves that one member of DPC favoured a candidate in promotion.
Related: Right to promotion when departmental proceedings are pending
by Shivendra Pratap Singh | Apr 23, 2025 | Criminal Matter
Rape in false promise of marriage during ten years of relationship and later married to another woman. These are the gist of allegation made by a woman against me. She is a drug dealer in the vicinity of primary health centre. I am a doctor and employed in the Uttar Pradesh government, currently posted in PHC. Since, the lady is a drug dealer she used to visit the PHC. We have developed a good relationship. I have opened a hospital in the same town. Due to relationship I prefer to send patients to her medical store. She has been earning well due to my support. That lady spread a rumor in the vicinity that we will marry very soon.
When I saw that she is planning to do some illegal act or trying to blackmail me, I married to another woman. I have never promised her for marriage. Our relationship was consensual. I never reject that there was no sexual intercourse. Therefore, she lodge FIR for rape in false promise of marriage during the ten years of physical relationship. The police officer has lodged the FIR and carried on investigation. I am not able to go my hospital.
Asked from: Uttar Pradesh
The complainant is an adult and can understand the difference between right and wrong. At first glance, it appears that the sexual relationship was consensual. A physical relationship that lasted for ten years shows that there was no force, cheating, or fraud by the accused. The complainant continued this long-term relationship and never raised any complaints, which shows that she gave her consent willingly. In the case of Deepak Gulati vs State of Haryana (2013), the Supreme Court stated that:
If a woman agrees to have sexual intercourse because of love and not due to any false promises, then it must be seen differently. Sometimes, an accused may not be able to marry the woman due to unexpected or uncontrollable circumstances. In such cases, the accused can only be punished for rape if the court believes he had bad intentions and hidden motives from the beginning.
In this case, the complainant remained silent for ten years about the alleged sexual abuse. She spoke out only after learning that the accused had married someone else. These facts suggest that the sexual relationship was consensual. According to the law, consensual sex between two adults is not considered rape.
However, the police may still arrest you due to the current situation. You should file a writ petition in the High Court under Article 226 of the Constitution to seek protection from arrest. At this stage, it is not possible to quash the FIR because it was filed just after your marriage. Let the investigation proceed. If a charge sheet is filed without proper evidence, you can later approach the High Court to quash it (charge sheet) under Section 528 of the BNSS.
Also read: Can a complaint be dismissed for mentioning wrong section of law?
by Shivendra Pratap Singh | Apr 20, 2025 | Matrimonial Dispute
Husband concealed his first marriage and solemnised second marriage with me. I came to know about the fact of his first marriage when wife came to our residence in Delhi. She came along with her son. When this fact has been revealed I was shocked and started living separate from my husband. He is requesting to live with him and told that he has managed all things. My husband says that the lady is happy in village, and he has been sending money to her monthly. But I am not sure because it may be possible that he is telling a lie. What to do in these circumstances?
Asked from: Delhi
This is your husband’s second marriage. He has already solemnised a first marriage, which remains valid. Your marriage has also been solemnised according to prevailing rites and customs. However, under Section 5 of the Hindu Marriage Act, neither party should have a living spouse at the time of marriage. If this condition is violated, the marriage is considered void under Section 11 of the Act. Therefore, your marriage is void ab initio—it is considered null and void from the very beginning and holds no legal standing.
According to Section 17 of the Hindu Marriage Act, any marriage between two Hindus solemnised after the commencement of the Act is void if, at the time of such marriage, either party had a living husband or wife. In such cases, the provisions of Sections 494 and 495 of the Indian Penal Code (IPC) apply. The act of bigamy is punishable under Section 494 of the IPC.
You should file a criminal complaint against your husband for the offence of bigamy, as well as a civil suit in the Family Court seeking a declaration that your marriage is void. Under the current circumstances, it is necessary to obtain such a declaration. If your marriage was solemnised by following valid ceremonies, then your husband has indeed committed the offence of bigamy.
However, if your marriage was not solemnised through valid ceremonies, or if you are regarded as a concubine rather than a legally wedded wife, then the offence of bigamy is not committed. In that case, you also cannot seek a declaration that the marriage is void. Legal action against your husband can only be pursued if your marriage was conducted in accordance with the established rites and customs of your community. You have to prove that husband has concealed his first marriage.
Also read: Wife is concealing her income and salary proof in maintenance case
by Shivendra Pratap Singh | Apr 20, 2025 | Criminal Matter
Complaint dismissed for mentioning wrong section of law in the memo of complaint. The magistrate has dismissed the complaint by stating that the section mentioned in the complaint is not correct. This mistake could be rectified if an opportunity provided to us by the court. But the court without providing any opportunity to rectify the mistake he has dismissed the complaint. My advocate file a revision against the order of the magistrate but that is also dismissed by the sessions court. Can I file second complaint on the same cause of action or there is any remedy to rectify the mistake.
Asked from: Rajasthan
A complaint cannot be dismissed merely on the grounds of mentioning incorrect sections of law. Section 2(d) of the Code of Criminal Procedure defines a complaint as any allegation made orally or in writing to a Magistrate, with the intention of prompting action under this Code, stating that some person—whether known or unknown—has committed an offence.
The essential ingredients of a complaint are:
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There must be an allegation against a person, known or unknown.
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The allegation must be made to a Magistrate with a view to initiating action under the provisions of the CrPC (Sections 200 to 204).
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Allegations or contents of the complaint should disclose the commission of an offence—whether cognizable or non-cognizable
When the above said conditions are met the court must admit the complaint and proceed against the accused. Neither Section 2(d) nor Section 200 of the CrPC requires the complainant to specify the name of the offence or the sections of law under which the act of the accused constitutes an offence. A second complaint on the same facts is permissible, but given the present circumstances, it may not be necessary. It would be more appropriate to seek the quashing of the orders passed by the Magistrate and the Revisional Court.
The dismissal of the complaint is erroneous, and you have a remedy to challenge it. You should file a petition in the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking quashing of both the Magistrate’s and the Revisional Court’s orders, along with a direction to hear the matter afresh. The Magistrate would then be bound to register your case as a complaint and proceed further against the accused. The complaint has been wrongly dismissed solely for mentioning an incorrect section.
by Shivendra Pratap Singh | Apr 18, 2025 | Service Matters
Right to promotion when departmental proceedings are pending but employee is not under suspension. A departmental promotion committee (DPC) has been constituted to promote junior engineers. That DPC has considered as many as seven hundred thirty-nine candidates for promotion. Out of which ninety-eight have been either facing departmental proceedings or criminal cases in the court. They have been separated by the DPC. I am one of the candidates against whom a departmental proceeding has been pending since 2009. Many representations have served upon the authority to conclude my inquiry because I am facing difficulties due to pendency of that proceeding. But no action has been taken by the authority.
Now the seniority list has been published by the DPC and invited objections from the candidates in that respect. I have no objection against the tentative seniority list because my position in the list is proper. Some candidates have submitted their objection. The DPC will conclude entire proceedings in next six months. Due to pendency of that enquiry, it is possible that my candidature will not be considered by the DPC. Please suggest the proper action in these circumstances.
Asked from: Andhra Pradesh
If a charge sheet has been served upon you, it indicates that a departmental enquiry has been initiated. Until then, only a preliminary enquiry or fact-finding enquiry is conducted. Based on the available facts, it appears that disciplinary proceedings have been ongoing since 2009. A preliminary enquiry cannot be prolonged for such an extended period, but you should confirm this first. If it is indeed a preliminary enquiry, then you are eligible for promotion in accordance with the ruling in Union of India vs. K. V. Jankiraman (1991).
If a charge sheet has been served, you should approach the High Court seeking a direction to the disciplinary authority to conclude the enquiry within a specified time frame. During the pendency of disciplinary proceedings, your candidature will still be considered by the Departmental Promotion Committee (DPC); however, your promotion will be kept in a sealed cover. An employee has no vested right to promotion while departmental proceedings are pending. The right is limited to being considered for promotion, and if found fit, the promotion order will be kept under sealed cover.
You should file a writ petition in the High Court under Article 226 of the Constitution, requesting a time-bound disposal of the departmental enquiry. If the enquiry results in the imposition of a penalty, you should challenge the same before the High Court.
Related: Promotion is denied even after quashing punishment order
by Shivendra Pratap Singh | Apr 15, 2025 | Matrimonial Dispute
Wife is concealing her income and salary proof in maintenance case filed under section 125 crpc. She has been living apart from last three years. I came to know from my own sources that she is working in a company at the HR executive (my wife did MBA in human resources) and drawing salary around sixty thousand monthly. In the maintenance case she is claiming fifth thousand per month as interim maintenance from me. I tried to contact that company and requested to furnish her salary slip or appointment letter to produce in the court to prove her monthly income.
But the company has refused to furnish any document relating to its employee. It is against the policy of that company. In this situation I am totally helpless to produce truth before the court when the petitioner has concealed material fact. It is not expected from the petitioner wife to claim alimony and concealing her income and salary proof to the court. I also tried to get her bank statement but failed to get. In this situation it is likely possible that wife will get maintenance whereas she is a guilty party. she is doing all illegal acts to harass me.
Asked from: Uttar Pradesh
In the present scenario, a wife cannot claim maintenance while concealing her income and salary details. In Rajneesh vs. Neha (2020), the Supreme Court directed that in every maintenance case, both parties are required to submit an affidavit disclosing their income, assets, and liabilities. A maintenance case cannot proceed without this affidavit. Since it must be filed on oath, any false information provided may lead to prosecution for the offence of perjury.
If your wife has not submitted this affidavit, you should first request the court to direct her to file an affidavit disclosing her income, assets, and liabilities. If the affidavit has already been filed but she has concealed information regarding her income, you can file an application under Order XI of the Code of Civil Procedure for discovery of documents. You may request your wife to produce her bank statements, appointment letter, income tax returns, and any other relevant documents related to her income. She is legally obligated to furnish these documents under oath.
If the wife is claiming a fixed monthly allowance from the husband in the form of alimony, but her own income exceeds the amount she seeks, the court will likely dismiss her maintenance claim on the ground that she has sufficient means to support herself.
Related: Can wife claim maintenance after divorce on the ground of desertion
by Shivendra Pratap Singh | Apr 14, 2025 | Matrimonial Dispute
Can wife claim maintenance after divorce on the ground of desertion? My wife filed a case under section 125 crpc for the maintenance from me. She has refused to live with me, then I filed a suit for divorce on the ground of desertion. That suit has been decreed, and the court has dissolved our marriage. When the suit has been decided by the family court my wife filed complaint under section 125 crpc. I am a doctor employed in the government hospital. My wife is also a doctor (dentist) but she has not been practicing. She is deliberately not doing any job because she wants maintenance and easy money from me. I am planning to marry, but due to this maintenance case not able to marry again. What to do in this case?
Asked from: Bihar
Your wife possesses a professional degree and has the ability to earn. However, she has not been working in the hope of receiving maintenance. In this situation, the amount of maintenance shall be minimal because it’ll not be determined solely in proportion to your financial status.
In Rajneesh vs. Neha (2020), the Supreme Court held that, when determining the quantum of maintenance, the court is obliged to consider the wife’s earning capacity. The law does not expect an able-bodied and capable person to remain idle.
Can wife claim maintenance after divorce: As far as the right to maintenance after a decree of divorce is concerned, a wife is still entitled to maintenance. In Rohtash Singh v. Ramendri (2000) 3 SCC 180, the Supreme Court ruled that a divorced wife is entitled to maintenance if she does not have sufficient means to maintain herself and remains unmarried.
Although the marital relationship may have ended through a divorce granted by the Family Court under Section 13 of the Hindu Marriage Act, the respondent continues to be recognized as a “wife” under Section 125 of the Criminal Procedure Code (CrPC), by virtue of Explanation (b) to sub-section (1), which states:
“(b) ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.”
Therefore, you cannot absolve yourself of the duty to maintain your wife even after the decree of divorce. Wife is entitled to maintenance even after divorce.
Related: Wife has refused to live with husband even after decree of restitution of conjugal rights
by Shivendra Pratap Singh | Apr 14, 2025 | Matrimonial Dispute
Wife has refused to live with husband even after decree of restitution of conjugal rights passed by the family court. The wife has been living separately from husband since 2012. I (husband) tried to reconciliate the dispute and in order to do so met with the in-laws at many occasions. But they are not willing to settle the dispute. Wife is very arrogant and has been living with parents. She is only child and handling the business of her father. She has also filed a case under section 125 of the code of criminal procedure for maintenance. I am a teacher in middle school. My parents are very old, and they are dependent upon me.
When I saw that wife is not willing to return her matrimonial home and resume cohabitation with husband, then I filed a civil suit in 2015 for the restitution of conjugal rights. She appeared in that civil suit but did not take active part. The suit has been decreed by the family court in 2021. Wife has the information of the decree of the court but even the decree of the court she refused to live with husband. In the present scenario I am helpless. My wife wants maintenance from me and without it, she has no heed to me. Maintenance case is also reached at the advance stage.
Asked from: Uttar Pradesh
Your wife has no valid reason to live separately. She was aware of the court’s decree, yet she remains unwilling to cohabit with you or fulfill her marital obligations. Her conduct clearly indicates that she has deserted you and is not inclined to resume the marital relationship.
You should file an application under Order 21 Rule 32 of the Code of Civil Procedure for the execution of the decree of restitution of conjugal rights. Execution of the decree is essential in the present circumstances, as it demonstrates that the husband is willing to live with his wife. This will also strengthen your defense in the maintenance case. If you fail to seek execution, the court may grant maintenance to her.
You also have the option to file for divorce on the ground of desertion. Since your wife has refused to live with you even after a decree under Section 9 of the Hindu Marriage Act, you are entitled to seek divorce on that basis.
You may choose either course of action, but do not remain idle. If you do nothing the court will presume in 125 crpc proceeding that you treat decree in RCR suit as a shield to protect from maintenance.
Related: Impotency a ground of divorce
by Shivendra Pratap Singh | Apr 14, 2025 | Criminal Matter
Can I file second complaint under section 223 BNSS after dismissal of first on the same cause of action. I filed a complaint against the seller of the land for committed fraud in the course of execution of sale deed. Seller shown that he is the sole owner of the land because it was devolved to him after his father’s death. When the sale deed was registered in the officer of registrar and I went to get possession of the land, then came to know that the property belongs to the irrigation department. This fact was concealed by him at the time of registration of sale deed.
That complaint was dismissed because the finding of the magistrate that the dispute is pertaining to the civil dispute and no criminal case is made out from the complaint. Later on, I came to know that the said land was already sold to one more person prior to my sale deed. Same thing happened in that case. One more fact I came to know that immediately before the sale deed the seller received a notice from the irrigation department to vacate the land. On breach of that notice a proceeding has been initiated by the department for his eviction from the land.
Asked from: Uttarakhand
You can file a second complaint on the same cause of action after the dismissal of the first one. From the facts, it appears that the accused had the intention to deceive right from the beginning. He has also cheated another person in a similar manner. The seller received a notice from the Irrigation Department to vacate the land, which proves that he was aware that he was an illegal occupant of the property. Since the seller is not the lawful owner of the land, he falsely claimed ownership and induced you to purchase it. These facts clearly establish that the offence of cheating has been committed.
The first complaint was wrongly dismissed by the court. When the Magistrate decided that there were no sufficient grounds to summon the accused, stating the case was civil in nature, he was required to provide you with an opportunity to be heard. That opportunity was not given before the complaint was dismissed. Therefore, you also have the right to file a revision Section 438 BNSS against that order of Magistrate.
The matter is entirely criminal in nature because the accused has committed the offence of cheating. Moreover, additional facts have come to light that were not within your knowledge when the original complaint was filed. Hence, you can file a second complaint, including these new facts, which further support that the accused had the intention to deceive you from the beginning by pretending to be the owner and persuading you to purchase the land. Section 223 does not bar a second complaint on the same cause of action when it is accompanied by new facts that were unknown to the complainant at the time of the first complaint.
Related: Accused falsely implicated in criminal case
by Shivendra Pratap Singh | Apr 14, 2025 | Criminal Matter
Accused falsely implicated in criminal case for abatement of suicide by the father of deceased. It is a case of quarrel. My husband and his employee were in heated exchange of words on the missing shipment which was important for my husband. That shipment was handled by his deceased employee. When my husband received an email that the requisite documents have not been received yet from your end, he made some enquiry about his employee. During that enquiry my husband asked him to produce the bill and receipt of that shipment. He refused to furnish those documents.
Thereafter, my husband called his manager and told him to assign some general work and if possible, send him at the godown. Thereafter, the deceased employee went angry and said that it would be better to die than doing job at the godown. In that reply my husband told then go and die. On the next day he committed suicide, but no suicide note was found from his dead body. Investigation was completed and charge sheet has been filed under section 306 IPC. How to protect my husband.
Asked from: Uttar Pradesh
The facts of the case suggest that the accused had no intention of instigating the deceased to take his own life. There was a quarrel between the accused and the deceased regarding a missing shipment. The shipment was important to the accused, and the deceased failed to produce a receipt to prove its delivery. Following the argument, the accused called his manager and instructed that the deceased be transferred from the office to the godown. In response, the deceased remarked that it would be better to die, to which the accused replied, “Go and die.” The following day, the deceased committed suicide.
The entire incident indicates that the accused did not intend to instigate the deceased to commit suicide or end his life. The conduct of the accused further supports the view that he did not create circumstances that left the deceased with no other option but to commit suicide. Therefore, it cannot be concluded that the accused instigated the deceased to take such an extreme step.
In Ramesh Kumar v. State of Chhattisgarh, (2001) 9 SCC 618, the Supreme Court held that words spoken in a fit of anger or emotion, without the intention that consequences should actually follow, do not amount to instigation.
The Supreme Court has repeatedly emphasized in a series of judgments that to establish an offence under Section 306 IPC, there must be specific abetment as defined under Section 107 IPC, coupled with the intention on the part of the accused to bring about the suicide of the concerned individual. In Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC 628, the Court further held that the intention of the accused to aid, instigate, or abet the deceased in committing suicide is essential to attract liability under Section 306 IPC.
The words “go and die” spoken by the accused do not amount to instigation in any legal sense. Since the deceased committed suicide the next day, he had ample time to reflect and cool down. If the charge sheet contains no direct or indirect evidence that establishes a clear link between the alleged incitement and the suicide, then it is advisable to approach the High Court for the quashing of the charge sheet.
A petition under Section 528 of the BNSS should be filed in the High Court for quashing the charge sheet and the entire proceedings, as the accused has been falsely implicated in criminal case for abatement of suicide.
Related: Legal position on police investigation under Section 202 CrPC
