False complaints again and again
Rajesh Singh
(Querist) 24 May 2020
This query is : Resolved
Hello experts,
Today I need your advice in the matter of one of my friend facing since many months, as a friend I want to help her under legal provision available in law.
She is working in a goverment department under contractual position renewed every year, last year she has got transfer within district wherein she is getting pressure from many sources to approve some files for appointment of person (approch) without noting actual facts ,they have offered monetery benefits for the same but she didn't acccept there offer and forward there files with actual noting,
Due to actual noting file had rejected by dept, After that she got many calls and approach from the diffrent dept to approve such files.
She did her job with integrity and didnt do anything wrong , but due to higher approch now she started to receive complains from individually and every time she has to explain, even senior official knows her working and support her but she is now getting mentally harash from the false complain,
Experts I know she didn't do any wrong but the time is she has to prove her innocence every times ,
Is there any provision under any Indian law wherein she can also complain regarding false complain and take action against the person doing false complaints.
Your expert advise is required in the matter,
kavksatyanarayana
(Expert) 24 May 2020
As per me, she has to approach her HOD in person and appraise the facts before him. And she shall file a complaint in the PS concerned regarding the false complaints by consulting a local senior advocate well knowledge in service matters.
P. Venu
(Expert) 25 May 2020
What is the problem when the higher officer is standing by her? Any how, these are routine affairs in offices as well as in life. Such challenges provide real and valuable opportunities as well as experience.
Dr J C Vashista
(Expert) 25 May 2020
Surprisingly your lady friend is given authority to clear files on the subject of appointment, whereas she is on contractual appointment, it is unbelievable.
She is competent and mature enough to take further action as deemed fit, for which she may not required any indirect advise / obligation of experts, hence you should not get worried.
Rajendra K Goyal
(Expert) 25 May 2020
You said:
she is getting pressure from many sources to approve some files for appointment of person (approch) without noting actual facts ,they have offered monetery benefits for the same but she didn't acccept there offer and forward there files with actual noting
Reply:
Person working on a post in Department should do justice to its work/ should maintain high integrity and honesty. Any wrong approach may deprive employment of some other deserving candidate.
Such instances are common in Government Departments. Due to non-compromising attitude various reactions have to be faced. Famous IAS officer Sh. Ashok Khemka (Haryana) has faced 53 transfers in 28 years of service. Another IAS officer Sh. Pradeep Kasni retired after serving in the Haryana state for 34 years during which he was transferred a record 71 times (not going to discuss reason of each transfer faced by them).
Either compromise at the cost of self-respects, integrity, honesty, truth or may face harassment / transfers.
You said:
She did her job with integrity and didnt do anything wrong , but due to higher approch now she started to receive complains from individually and every time she has to explain, even senior official knows her working and support her but she is now getting mentally harash from the false complain,
Reply:
She should reply and explain the information / explanations sought by seniors on such complaints. Reply should be to the point and not evading / containing emotional contents. In the last reason due to which such complaint received should be given. Some senior’s help can be taken in replying. Harassment due to such complaints is common for employees facing public dealings.
Rajendra K Goyal
(Expert) 25 May 2020
You said:
she has to prove her innocence every times
Reply:
Complaints has to be dealt as per procedure, cannot be disposed on the basis of personal knowledge. Such proving innocence is part and parcel of laid down procedure.
You said:
Is there any provision under any Indian law wherein she can also complain regarding false complain and take action against the person doing false complaints.
Reply:
She should abstain for counter complaining against that complainant. If found suitable, department may proceed with appropriate steps.
Complaining merely for complaint is of no use. On very solid grounds, her friends, relatives may proceed.
Raj Kumar Makkad
(Expert) 25 May 2020
Your friend need not to worry. Higher officials are with her. No doubt, explaining all the time is a bitter experience but after some time, the reporting officers also get annoyed from such falsely complaining persons and get such complaints disposed off even without bring the same in the knowledge of such honest person. After all truth prevails. 182 Cr PC is legal remedy but the same is applied by SHO even he enquired the complaint and found the same false.
K Rajasekharan
(Expert) 26 May 2020
If she has been performing her job in a just, fair and reasonable manner, every complaint raised every time is a chance for reassertion of her righteousness in job performance.
It is a rare opportunity she gets in establishing a firm ground for preventing any imminent frivolous accusation in future as well.
It seems to be a blessing in disguise.
Rajendra K Goyal
(Expert) 26 May 2020
An honest person should never be afraid of such complaints. One of Bank Manager has to face large no. of complaints, seniors were annoyed for not having compromising attitude, frequently transferred to most notorious and complaint prone Branches. He worked without fear, no inquiry could prove him guilty.
The employee in this case should also work without fear, honestly, sincerely. Rest should be left on God.
Raj Kumar Makkad
(Expert) 26 May 2020
Honestly always prevails and so nothing to worry on the part of your friend.
Rajendra K Goyal
(Expert) 28 May 2020
Agree, honesty prevails, some time cost like such harrassment has to be paid.
Raj Kumar Makkad
(Expert) 28 May 2020
If such reoeated complants leads to frusteration then such complainant can also be brought before law as it is not silent and has remedy in every situation.
