Resolution without Case proceeding/Instant Judgement

Hi, I need to know if there is any effective forum with legal authority or any chief judges' forum that can call the guilty party and authorize the punishment or penalty for their guilt instantly, without court interference or legal proceedings.

Regards,
Sahaya
sahaya_5@yahoo.com
9025236459

We need more details on what you are looking for before considering the matter. There is no such forum; there cannot be any instant justice.

I think that can happen in a dictatorship only. Note, you said it should be a legal authority or a judge.

The only people in India who can do what you want are underworld gangsters.

What are the facts as well as the context? Please post in detail.

There are certain situations where public servants could be penalized from service in terms of proviso to Article 311(2) -

Article 311 in The Constitution Of India 1949

311. Dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or a State (1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. Provided that where it is proposed after such inquiry to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

As regards to employees in the private sector are concerned, to my understanding, an employee who has been convicted on a criminal charge involving moral turpitude could be summarily punished after serving a Show Cause Notice and due consideration of the reply/representation, if any.

Please try posting this to the Cite Legal forum. They will be better able to assist you.

Hope Mr. Banerjee has not understood my question. Underworld gangsters? I asked for a judges' forum or a kind of forum that can execute actions without the interference of the court.

I leased a property to a lessee and owe her 8 lakhs as the lease amount. I am trying to sell the property now, and this person has shifted from my property, locking it and not allowing buyers to visit the flat. I clearly stated in the agreement that she has to use my locks, and if she uses her own locks, a spare key should be provided to me or a written consent given by me to permit her to use her lock. She is refusing to hand over the keys to the security so the property can be shown to potential buyers. Only a bed remains inside the property; everything else has been shifted. She is still not ready to hand over the keys. I cannot pay the lease amount until I find another tenant.

Can anybody suggest an idea to retrieve the keys from her? I have already sent her a notice via Online Legal India, but she is adamant and has not agreed to hand over the keys. The notice stated that I would make the payment within 3 months. Even after confirming the payment, she is unwilling to hand over the keys. Kindly advise me on what to do.

Regards,
Selvi

Ah, Mr. Selvi,

If you had bothered to put the details before, none of us would have wasted our time.

Anyway, you need to go to the police and file a complaint. With their approval, break the lock and put a new one. However, there are still gaps in the post. For example, why will you owe the lessee ₹8 lakhs? She should be owing you that money.

I leased a property to a lessee and owe her 8 lakhs as the lease amount. I am trying to sell the property now, and this person has shifted from my property, locking it and not being available for the buyers to visit the flat. I have clearly stated in the agreement that she must use my locks, and if she chooses to use her own locks, a spare key should be provided to me or a written consent given by me to permit her to use her lock. She is refusing to hand over the keys to the security so that he can show the property to potential buyers. Only a bed is left inside the property; she has already moved the rest of her belongings but still refuses to hand over the keys. I cannot pay the lease amount until I find another tenant.

Can anybody suggest an idea to retrieve the keys from her? I have already sent her a notice via online legal India, but she is adamant and has not agreed to hand over the keys. This is a gated community under CCTV surveillance 24/7. In the notice, I mentioned that I would make the payment in 3 months' time. Even after confirming the payment, she is unwilling to hand over the keys. Please suggest what I should do.

Dear Ms. Sahaya Selvi,

This forum discusses matters related to HR Management. However, your post is unrelated to the subject. Let me try to provide you with a reply. To do so, we need the terms and conditions of the lease agreement.

You mentioned giving her an online legal notice. What are the grounds for this notice? What exactly is the violation? Have there been any violations from your side as well?

Based on your post, it seems you received an advance payment, and the lessee is concerned about getting it back, hence holding onto the key. Why do you hesitate to return the advance? What is the reason for needing three months?

It appears you have put yourself in this situation, and the best course of action is to return the money. Visit the city where the lessee currently resides. Ask her to bring the house keys, and at a mutually agreed meeting point, conduct the online fund transfer in her presence. Once she receives the funds, she should hand over the keys.

By keeping your house locked, you are missing out on potential future tenants/lessees, incurring an opportunity cost. How to minimize this cost is your decision.

Thank you,

Dinesh Divekar

I have already inquired about the same with the police, but they responded that this is a civil issue and that I am the one who has to file the case in court.

I am Ms. Selvi.

What you refer to as "court interference" is what the rest of us see as a process that ensures all people get a fair trial and that cases are judged on their merits.

People are found guilty or innocent based on evidence and the rule of law, not on the whim of a judge.

With the same question Mr. Saswata Banerjee has posed to you, it depends on who owes 8 lakhs to the other party. Until such time, the action of the person who is to receive the money is somewhat justified!

The best way is to make an understanding with the Lessee and pre-close the lease deed by returning the lease amount, and restore the property without any encumbrances.

Approaching the civil court is a long process. Through an Advocate (Civil), you have to file a petition to restore the property and then file another petition for the execution of the order and eviction & possession. With the eviction order, you have to again approach the local police for the execution of the order. The process will take years.

Another way out is to make an understanding/agreement with the eventual buyer for a higher lease amount, with an understanding to take possession of the property by clearing the lease amount payable to her (Lessee) on your behalf.

Thank you for the clarification, Mr. John. I am already aware of the situation and appreciate your concern. Time constraints are a factor that is causing delays, which is why I am unable to address it promptly. I would like to have it resolved within a couple of days or so. I hope you can provide me with assistance by giving me a solution rather than educating me on the matter.

Thank you for all your efforts to answer me. You have provided me with the best solution that no one else has offered. If what you said is possible, then I don't think I should have a reason for this post.