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shiva (sales)     17 November 2010

show cause notice to Father in law

his is Shiva from hyderabad,a false 498A and DVC case was filed against me. I have sent RTI Application to my father in law organization (FL) asking about what action will be taken against my FL who indulge in giving or abet in giving dowry?

After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against central civil services( CCA) rules 1965. they have clearly mentioned that they also adopts central civil services conduct rules .

After that I had filed formal complaint to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that i have sent RTI asking about the action taken on my complaint . After that a show cause/memo notice was issued to my FL to offer his comments against violation of employee conduct rules like Dowry Giving.I got reply to my RTI from my FL organization with a copy of his (FL ) comments on the show cause notice.

with reference to letter datewd xxxx at para no xxx shiva(me) has wrongly stated that ,I have accepted giving gifts of gold,silver,dowry and othet house hold articles,the complaint is lodged by my daughter and the case is pending before the court as such the matter is subjudice.The above mentioned allegations are false and baseless and they are not binding on me nor I am answerable to shiva,as I am Law abiding citizen and respect and follow rules of our department.when the matter is pending before the court,shiva reserves his right to put forth his case and finding or outcome of these case can be taken to the concerened authorities,when the matter is subjudice SHIVA should be curtailed to resort to these kind of activities which also come in the way of conducting proper investigation as the kind of activities will result into tampering the evidenceswhere as the court is pnpowered and has got jurisdiction to deal legally only the out come of it is binding on a person and no complaint of this nature which do not have confide intention and are made only to gain personally by making use of legal procedure wrongfully should be returned.

until and unless a charge is proved before the court ,shiva shall have no right to resort to this nature of complaints.
hence I request oirganization to kindly with draw the memo for the facts and reasons mentioned above ,otherwise i shall be put to irreparable loss of injury.

I have asked through RTI certified copy of the office note through which the application was dealt and the name and organization replied to my rti with the above mentioned subject has.office note staements are from different officers,,,


1) office note of one officer states that examined FL comments and says that FL is correct has complaint was lodged by his daughter and the case is between my wife and me.hence subjudice until the verdict finding of the court available we cannot proceed n this matter.. .

2)office note of 2nd officer staes that mater is not subjudice and shall be informed  ,FL shall be informed that his explanation not satisfactory ,since the case is not subjudice and if agreed,a memo to effect the viloation of CCS for giving dowry may be served to him duly calling for his explanation as to why disciplinary action should not be intiatted against him.

these are the official notes which i have recieved with abouve comments from FL can any one please suggest how to go abouit this case now...

Thanks aand Regards
Shiva...



Learning

 1 Replies

Self service (None)     17 November 2010

Good work so far. Now you have all documents leave RTI behind.

Based on court copies and documents complaint to head of department ( not RTI) copying cheif sec/department. You can also consult lawyer if you can go to Central or state tribunal. if not just file a police complaint for DP3 and after a week do a magistratial complaint.

He needs to prove his innocence in court in similar way you are doing. Dept is wrong to wait for court verdict, statements that put you in trouble can be used and sufficent for dept to take action. He need to prove his innocence and use his replies as result of RTI in your court case, if he has not given dowry then from where his daughter "arranged".


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