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:
-
There must be an allegation against a person, known or unknown.
-
The allegation must be made to a Magistrate with a view to initiating action under the provisions of the CrPC (Sections 200 to 204).
-
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
