Cheated & duped govt. department by a worker
Querist :
Anonymous
(Querist) 03 August 2020
This query is : Resolved
I want to complaint against an official of Govt. Department who duped & cheated his department by pursuing study being a regular student of a college, but he was granted permission through Correspondence mode only by his department. He cheated his department for 3 years. College timing was 09 to 17:00, but his duty timing was 13:20 to 21:10 as lecture timings & govt. duty timing clashing. & it means he remained absent from duty 4-5 hrs daily. I made a complaint to department but officer let off him with minor penalty because officer favours him & replied no absence complaint of the official received. As per RTI reply from concerned college, 75 % attendance in each lecture is required to be eligible for examination. Kindly guide me if I approach to civil court, can he be charged under IPC ACT 420 for making fool to his department/college/university for such act as one official cannot be present at both places at the same time. Law apart, how one can travel in two boats in the same time? Also intimate me can I involve that officer who escaped him by giving minor punishment and mentioned in punishment order that official managed his studies & duty hours at his own level.
Isaac Gabriel
(Expert) 03 August 2020
In the given circumstanes the version of the controlling authority alone will prevail.He has already been punished for what you say.
Dr J C Vashista
(Expert) 04 August 2020
What is your locus standi / concern /grude and/or grievance against the govt. servant pursuing higher eduction with permission ?
Sudhir Kumar, Advocate
(Expert) 04 August 2020
deptt could have even condoned this lapse all together. Matter is just not serious enough for a major penalty. Anyway .third party has no right to challenge quantum of penalty. CCS(CC&A) Rules do not provide for the same.
Rajendra K Goyal
(Expert) 04 August 2020
He has been punished already, it is doubtful department would punish him twice fro the same offense.
venkatesh Rao
(Expert) 04 August 2020
Definitely, he deserves severe punishment. His degree will have to be snatched by the University. I have come across a similar case reported in 1984 or 1985, Indian Law Reports (Karnataka Series) a bank official obtained Law degree from a college without attending and somehow managed to write exam and got degree. Upon complaint, the University was directed to withdraw the degree. Since it is vary long time, I cannot recollect the exact page number of the report.
You may kindly consult an advocate and get details. With due respects to Dr. Vashista, I must say that as a citizen, you have got every right to complain against him since his act comes within the mischief of some offences under the penal code. It is an offence against society and if left unpunished, would send bad signal to the society. Please note that you would be informant and not a complainant since you are not personally an aggrieved party.
Rajendra K Goyal
(Expert) 05 August 2020
The person had time to attend classes before office time.
Whether timetable was such that it clashed with the office time.
venkatesh Rao
(Expert) 05 August 2020
Bank timings from 10.00 AM to 5.00 PM and the college timings was 10.00 AM to 3.00 or 4.00 PM and the bank was in one city and the college was in a different city which were 50 kilo meters away from each other.
P. Venu
(Expert) 05 August 2020
There has been no misconduct.
Had the alleged study adversely affected his devotion to duties or his performance?
Sudhir Kumar, Advocate
(Expert) 06 August 2020
he had right to complaint. he did. Ne had no right to compel a particular decision.
so nothing wrong in views or Dr Vasistha
Querist :
Anonymous
(Querist) 06 August 2020
mr sudhir ji, i have a judgement of a similar case, an official of Punjab Home guard department pursued a LLB degree through regular mode,while in government service, one of his relative filed a criminal civil suit and h'nble judge given a decision to alleged with 3 year imprisonment and 2000 fine under IPC ACT 420. in my case official was punished with only holding of 3 months increment. i just want to take views of lawyer in this website but i did not agree with your reply.
P. Venu
(Expert) 06 August 2020
Kindly provide link to the above mentioned Judgment.
Sudhir Kumar, Advocate
(Expert) 07 August 2020
Mr Anonymous the reply is beyond the question raised. You query was regarding compelling the deptt for harsher action.
The deptt could have even condoned the lapse by granting ex-post facto permission and still you had no remedy.
It seems you are already aware of judgement which (atleast in your view) suits your proposal ( which you do not want to share) and still want the experts here to agree to what you say.
Rajendra K Goyal
(Expert) 07 August 2020
Agree with the post from expert Sudhir Kumar.
Querist :
Anonymous
(Querist) 07 August 2020
mr sudhir sir, your good self absolutely right ..and please don't angry. i apologize if i hurt you....sir please guide me if i complaint to department to review such punishment of the official by endorsing that judgement, will the department take stern action against him or not?...or approach to h'ble court directly for this?
Rajendra K Goyal
(Expert) 08 August 2020
Appeal to review any punishment can be submitted by the employee / officer within time.
