Time barred
Guest
(Querist) 26 November 2011
This query is : Resolved
A complaint by A, on misuse of Free Railway Warrant by B is investigated departmentally. Complaint was found false and B is left Scot free. Departmental action is taken against A.
Later it was found that A was right & B had used the free railway warrant fraudulently by the same departmental auth.
Meanwhile B retires from service.Will the case be considered time barred?
What is the rule position in relation to Army Act & Rules.
Where can A go( Now A has also retired) to get justice?
V R SHROFF
(Expert) 27 November 2011
Dear Hari,
1] "A" can sue "B" as well as Dept, for damages, loss incurred, mental agony, Loss to Railway, i.e. fund of Public, and penalize investigation Team , to compensate "A"
2] Forgery is a offence, and the criminal must be punished, can lodge criminal complaint too. Go to Police, inform giving both investigation papers, charges their collusion, as it may affect retiree's pension, pf, etc., and prove the offence.
Guest
(Expert) 27 November 2011
I don't know about Army Act & Rules, but A's case is quite fit to claim damages from his department for falsely booking him when his intention was to apprise his department about fraud being committed by 'B'.
However, I don't think 'B' can be sued by 'A' on account of action against 'A' by his department. It is up to the department to take any action against 'B' if rules of the department permit so.
Guest
(Querist) 27 November 2011
Complaint made by A in 1999.Summary of Evidences recorded only in Oct 2002 against A. Administrative action taken by the deptt against A in 2003( severe displeasure recordable).Appeal against Award was rejected by the govt of India in 2005. Another complaint was submitted on the same matter by A in 2008. Department has now disposed of the case ( not forwarding the complaint to the govt of India which was mandatory as per the Army Act 27) setting aside the award given to A with direction that relevant entries be made in the record of service of A (in 2010).
It has stated in its order that since B has retired in 2002, the charge is time barred against him. The prayer to reopen the case against B is therefore not valid.A has challenged the auth of the Department Head to dispose of the complaint addressed to central govt as per the provision on Statutory complaint.
How do I go about it now at this stage? Can civil police entertain my complaint against A, Department etc?What is the procedure to be followed?
Raj Kumar Makkad
(Expert) 27 November 2011
There is no time limit for initiating criminal action against the offence of fraud especially with State Exchequer. Even if B has been discharged from Armed Service even then he might be getting his service pension and might be alive. A can move a detailed complaint to the Chief Record Officer, Records The Regiment of B with copies to PCDA (P), Allahabad and Dir Gen Army HQ, DHQ PO, Army HQ, New Delhi. A thorough enquiry of the case can again take place and B shall have to face results accordingly. Army Act is still applicable against B and he can even be regarded as Non-Armed personnel which has cost him dearly.
Guest
(Querist) 27 November 2011
Dear Sri Makkad
Thanks for the info. Hoever COAS is the highest auth in the Army A has exhausted that channel which had disposed off the case of A with partial redress but refused to initiate any action against B stating it is time barred. A need to go upwards i.e to the Ministry of Defence Govt of India.I am not sure whether A being a retired person,can approach the Min of Defence or need to approach the civil auth?
Shonee Kapoor
(Expert) 28 November 2011
Quite informative.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 26 November 2011
