non submission of returns on "assets & liabilities" by a govt official
RAMJI
(Querist) 10 December 2012
This query is : Resolved
Background:
A govt official retired as manager in 2005 on superannuation... it is now ascertained thro RTI that the said official DID NOT SUBMIT HIS ANNUAL RETURNS TO HIS DEPT FOR ABOUT 2O YRS (1980 TO 2005) though GOVT SERVANTS CONDUCT RULE WAS IN FORCE.... the PIO has certified this in writing.... on the interest of public.. questions are as below
The said official was the kartha for the HUF properties after expiry of his dad and he did not even show these ancestral properties to dept in the statement of A&L...
1. Having got enough details thro RTI appln, how to go about filing case?can we file it as a personal case or PIL
2. Should we file it to DVAC or court directly.. Civil court / High court
4. any other points/ advise pls
Regards
RAMJI
Guest
(Expert) 10 December 2012
What gain do you expect by filing case with the DVAC or the court, while the official has already retired seven years back and the department would not be able to charge sheet him and the court is not likely to interfere in the disciplinary process of the concened department unless some necessity for justice is felt either by the disciplinary authority or the official?
Contrarily, you also don't seem to have any direct link with the departmental or the official's case, as your interest does not seem to have been prejudiced with inaction of the concerned department or acquisition of HUF rights by the official.
Raj Kumar Makkad
(Expert) 11 December 2012
I do agree with the advice of learned Dhingra sir.
RAMJI
(Querist) 11 December 2012
Dear Mr Dhingra sir & Mr Rajkumar sir
Thanks for your views...
1. The retd official is denying to give share of ancestral properties to his married daughters / co-parceners
2. The affected parties are filing suit for partition as per cpc.. parallely it is to claim "mesne profit" from the kartha (rtd official) who purposely avoided filing A&L statements and he is getting pension happily ...
3. The parties want to challenge " how he was allowed to retire inspite he violated the conduct rules" and which competent authority allowed his retirement and sanctioned pension without referring to vigilance dept/clearance....
Now, with these details may i request you to review my original questions 1 to 4 as above...
Regards
RAMJI
Sudhir Kumar, Advocate
(Expert) 11 December 2012
While agreeing with Mr Dhingra I would add that even if he was in service no action could be taken for denial of share of ancestral property to his children
Raj Kumar Makkad
(Expert) 11 December 2012
Your initial question is even worth mentioning. A govt. servant is required to file his annual returns but generally these returns contain the property obtained during that particular year. The ancestral properties were not acquired during the stretch of 20 years you mentioned so there see m no illegality on that ground, however, your right to partition is legal and you can get relief on that ground.
Guest
(Expert) 11 December 2012
Dear Ramji,
You were initially required to put the real problem for division of property rather than side-tracking the issue to give some undue and vague direction, as your original query merely reveals as if you had some ill-intention to harm someone out of some personal revenge.
About question of "how he was allowed to retire", no authority of his department could withhold his retirement on his attaining the age of superannuation fixed for retirement from active service. Pension could also not be withheld on retirement even if any disciplinary case would have been initiated against him.
The Government department has nothing to do in family disputes of the Government servant, like division of property with his relatives. They have to settle their dispute through negotiations, arbitration or through the court of law, as may suit them.
So, better, settle your family dispute by adopting legal process.
Raj Kumar Makkad
(Expert) 11 December 2012
*Dhingra Sir! The major question about non-filing of annual return containing the ancestral property by that employees is still unanswered.
Sudhir Kumar, Advocate
(Expert) 12 December 2012
Gp-A&B employees are required to submit annual property return for property held as on 1st January, each year. Even if he defaulted no action can be taken after such a long period.
The property held by him as KARTA of HUF is not his own and has nothing to do with the return.
Guest
(Expert) 12 December 2012
Raj ji,
The initial question of the querist, itself, was quite vague and misleading. He had some different problem, but stated something else quite differently, which was not relevant to his real problem.
About non-submission of annual property returns in time by his relative, no action can now be taken by his previous employer after lapse of seven years of his retirement. In fact, in the case of the employee, the administration kept sleeping for such a long period of 20 to 25 years, if he failed to submit his returns. The administration was required to remind him every year on his failing to submit return. Had he still failed to submit his returns, the case would have been brought to the notice of his disciplinary authority for taking disciplinary action against him. So, presently, the administration is totally handicapped to take any action against him due to several years of his retirement.
In fact the querist has also awakened from his slumber only after 32 years (since 1980 to 2012) and now wants to dig the graves of the bygone issues, when nobody of the department of the retired employee is able to take any action against him.
Now the querist does not have any alternative, except to concentrate his attention in seeking appropriate relief through court of law by keeping aside his relative's past mistakes with the concerned department.
RAMJI
(Querist) 12 December 2012
Dear Mr Raj kumar sir & Mr dhingra & mr sudhir
Thanks for a detailed analysis and answers... its very much useful to orient the case even before filing...
Regards
Ramji
Guest
(Expert) 12 December 2012
Raj ji,
You are welcome.
Guest
(Expert) 12 December 2012
Dear Ramji,
You are welcome, but with genuine queries pertaining to your own problems.
