Experts & Views
I, not from my knowledge in law but by the reason of watching Sunny Deol starrer movies, have a fair idea of how an F.I.R. is launched but something, which has pierced my brain since that time is, who registers F.I.R. against people who are assigned the task of guarding the constitution?, who registers complaint against influential people?, who registers complaint against police?.
I am not looking into specific laws, which exist, in our acts guaranteeing equality, freedom and liberty because even you as well as me, are aware of their efficiency. They better not be a topic of discussion even. The incidents in Jammu and Kashmir, to be specific and many other small towns and villages, where such incident go unnoticed show how strong our legal texts stand to grant protection. Our law provisions fail, when it involves a politically fat leader, money rubbing businessman or police commissioner as accused, since they have enough source to not allow registration of F.I.R…and mind you “unless F.I.R. is registered there lies no legal remedy.” So, who register F.I.R. here? I, in my criminal classes have read few cases, where N.G.O. came to rescue but my count in that case was restricted only to 5, what about other such incidents? Our laws are very stringent and guarded by wolves, hence to come up and fight for your rights, only thing, which requires efforts, is coming up…because fighting is easy if you know the "power". That reminds me of another popular saying in our college “ to win a case either know law or know lawmakers.” I personally prefer law but have clear idea that only acquaintance with law maker can help me, law has no influence because they can be modified whenever power desires.
I do not want to include any legal text to prove my case but general day experience of my school life, which I am sure everyone must have seen. Remember that fat bullish, “Thakur” who went around class whistling over girls, beatings studious geeks, pestering teacher and walking in the middle of 10 people who in Indian terms are called “chaile”…comedy yet serious, I never talked to him…I knew his Dad was a police officer and that was enough reason not to complaint against him, not to retaliate when he beats you but only apply Dettol and tell your mom, “I fell”. For a reason parents believe its always-there child at fault, so let the incident die. But I am sure his Dad wont find his son at fault…after all he is a public servant who with his power now rules them.
This brings me to my conclusion, how to ensure that every person realizes their right to register an F.I.R. when the pen and book is owned by the accused themselves? Why would they use their own ink to complaint against them own selves?, why would they incriminate person who runs their account of tea, coffee and even late night parties at “desi sharab ka thaika”? Now how can we ensure ethical running of our legal system…change police and judge…not practical, change laws….crap there are so many of them which do guarantee we wont be exploited, but of no use…only recourse left is try, try and try…when unsuccessful, buy justice through your own money and finally “ you are under arrest”
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Just a few suggestions:
1. Make a lot of paras of one huge para. For example your 2nd para could actually have been 5 paras long.
Lots of white space make it easier to read online.
2. Also try to divide a few of your longer writeups into a different headlines.
For example you could highlight 'this brings me to my conclusion' and it becomes a good sub-title.
My two pennies.
Keep blogging!
I am physically handicapped employee working in the Central Excise Dept. as Deputy Office Supt(DOS),which is a Ministerial Cadre.
In our Department, there are two avenues for promotion viz. (1) Inspector of Central Excise,(Executive Cadre) and DOS (Ministerial Cadre). Usually UDC/TA are feeder cadre for promotion to the grade of Inspector of Central Excise .PH employees in the Department are not allowed to become Inspector and there was only one option to become D.O.S. Ministry of Social Justice vide Notification No.16/25 /NI dated 31.5.2001 identifying the post of Inspector of Central Excise also can be handled by PH employees. As there was no option to become Inspector, I was promoted as DOS. After promulgation of Notification dated 31.5.2001 of Social Justice and Empowerment. I am eligible for the post of Inspector of Central Excise.
My request for becoming Inspector was not acceded to by the Department ,based on the grounds that Notification of Social Justice and Empowerment dated 31.5.2001 was issued only in the year 2001 and is not having any retrospective effect further once promoted to the cadre of DOS, cannot be reverted for purpose becoming Inspector as per CBEC letter F.No.A.32011/10/88.AD.III A dated 10.06.88, which was issued with consultation of Department of Personal and Training.
I filed the case with Central Administrative Tribunal, Chennai, vide O.A.No.381/2005 dated 25.1.06 and passed the Judgment that impugned orders already passed by the Department ,not acceding to my request was set aside and Department is relying upon a General instructions issued vide Ministry’s F.No. A.32011/10/88.AD.III A dated 10.6.88( with consultation of DOPT issued) and stating that while considering such cases, the respondents are expected to take all possible efforts to give equal opportunity to the Physically Handicapped employees and treating the equals as unequals amount to discrimination. Three months time was allowed by the CAT., Chennai to pass the speaking order and O.A.was allowed.
The Department had gone on appeal against the Order of CAT, Chennai vide W.P.NO.13306/06 (W.P.M.P.No.14629/2006) to High Court, Chennai. The High Court, Chennai also upheld the order of the CAT, Chennai and W .P filed by the Department was dismissed directing that no prejudice would be caused for reconsidering the matter afresh and appropriate orders to be passed in accordance with law in force.
The Department vide letter C.No. II/39/131/05 Estt. CCA dated 20.9.06 passed the speaking order negatively stating that as per the CBEC Ministry’s instructions vide letter F. No. B.12017/5/91-AD.III B dated 13.7.1993 and F. No. A.32011/9/95.AD.III A dated 19.4.06, Physically Handicapped persons should not be allowed to the Cadre post of Inspector of Central Excise.
Further vide F .No. A.32011/10/88. AD.III A dated 10.6.88 Finance Ministry had stated that matter of reversion of DOS (LII) for reversion to their substantive grade of U.D.C. for further promotion to the other cadre such as Inspector of Central Excise is not allowable, the decision taken by the Department was issued in consultation with DOPT ,Ministry of Personnel, Pensions, Public Grievances. The same instructions has been reiterated by Ministry of Finance letter F.No.32022/24/92 AD.III A dated 10.9.1992.
3% reservation is not implemented in our Department. Presently, Ministry of Finance (Department of revenue) has issued letter F. No. A.12034/62/2005 AD.III B dated 5.06.2006 and 27.11.06 reiterating that 3% Quota should be reserved for PH persons in the Customs and Central Excise Department for appointment/promotion of Inspector of Central Excise/P.O/Examiner.
In view of the above, my request may be considered for promotion to the grade of Inspector of Central Excise .
I beg to render Justice.
Thanking You Sir,
Yours truly,
M.ABDUL JABAR,
TYPE III/43, CENTRAL EXCISE QRS,
NEW SIDDAPUDUR,
COIMBATORE. 641 044
Email:
Cell 99940 57848
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