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QUESTION: I resigned from the post of Assistant professor from a private engineering college approved by AICTE in Dec 2011. The institution is still showing my name in the faculty list uploaded on its website . In simple words institute is creating a false impression in front of AICTE and concerned public that i am still working with them and is thus overstating its faculty strength. Kindly let me know  can i take legal action  against the institution for showing  misleading information on its website . Can i also claim damages from the institute on account of above violation.

ANSWER: Please immediately serve a legal notice upon the said Institute for giving mis-leading information about you as well as the Institute, claiming damages for the same,in consultation with a lawyer.Otherwise ,you may be held guilty for double employment

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QUESTION: sir,
thanks for answering first query .i would like to know since i resigned due to some family problem where there was no possibility for joining somewhere else.I would like to know can i still serve notice and claim damages even if i was not employed somewhere else during this period i.e. if double employment is not applicable in my case.

ANSWER: Have the Institute formally communicated acceptance of your resignation or issued formal release order to you?If not, then first of all send a representation to them to release you on the date specified in the notice period.If even after issue of the release order, they continue to show your name in their website, then it can be treated as a mis-leading statement and at that stage you can claim damages for such false statement about yourself on the ground that after termination of the contract they have no authority to include your name in the list of their faculty.Moreover,it may give a false impression to your new employer that you are engaged in double employment by suppressing the said information to them.They may even take disciplinary action against you and put you on unnecessary mental agony.Even if you are not further employed,you can claim damages for mis-statement because they are giving mis-leading information to the public.

In view of the above, please take necessary action in the matter after consulting a lawyer conversant with service law matters.

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QUESTION: THANKS FOR THE VALUABLE GUIDANCE,

ACTUALLY THE INSTITUTE ISSUED TWO APPOINTMENT LETTERS IN MY NAME AT THE TIME OF MY APPOINTMENT  -ONE OF THE LETTER MENTIONED CONSOLIDATED SALARY. THIS LETTER WAS GIVEN TO ME. THE SECOND LETTER MENTIONED FULL SCALE AND WAS SUBMITTED TO AICTE OFFICE THE COPY OF WHICH HAS BEEN OBTAINED BY ME FROM AICTE OFFICE THROUGH RTI. IN SIMPLE WORDS THE INSTITUTE CREATED A FALSE IMPRESSION IN FRONT OF AICTE THAT I AM BEING  PAID FULL SCALE AS PER AICTE NORMS BUT IN REALITY PAID ME A CONSOLIDATED SALARY I.E THEY DIDNOT PAY ME D.A AND ARREARS AS PER STATE GOVT NORMS FROM TIME TO TIME BUT INSTEAD PAID A FIXED AMOUNT FOR SUCH ALLOWANCES DURING THE TENURE OF MY SERVICE I.E AROUND 1.5 YEARS . THEREFORE I RESIGNED BY SENDING THEM AN EMAIL WITHOUT GIVING ANY NOTICE PERIOD. THEY WANTED ME TO DEPOSIT TWO MONTH SALARY AS PER CLAUSE IN APPOINTMENT LETTER. BUT SINCE  I HAD NOT BEEN PAID SALARY AS PER NORMS I DIDNT DEPOSIT THE AMOUNT AND TILL DATE THEY HAVE NOT ISSUED ME ANY FORMAL CONFIRMATION OF RESIGNATION.KINDLY PROVIDE YOUR VALUABLE GUIDANCE.

Answer
Please institute a suit against the Institute for doing a forgery relating to your appointment.Since they have asked you to deposit the two months salary, it proves that they have received the said notice.If there is any shortage in notice period ,they can adjust it against your outstanding dues.They have no right to ask you to deposit any money for the purpose.I would advice you to file a civil as well as criminal case against them.Please also immediately lodge a complaint to the AICTE about their illtreatment to you alongwith a copy to the Central as well as State Govt.If your allegations are true , they are likely to take serious action against them.

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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