IPC 420,409 false case against public servant
Querist :
Anonymous
(Querist) 11 September 2015
This query is : Resolved
I am a J.E. in mp state electricity board my dept lodge an fir against me that I have taken money from consumers but don't deposited . only on basis of statement they never complaints against me it is dept officers who want to take revenge from me of a hottalk for not taking action against a line man against whom I find 6 lakh rupees gaban. But they met with him and same allegations apply on me and suspended me without giving any reason at once and lodge an fir without my knowledge.they do not listen me till now . and doing one sided action . and made that line man as a govt representative . I have applied for anticipatory bail in session court but it rejects it. And now I have applied it in high court .what are the chances of getting it. Total allegations of 3.76 lakh rupees. What are points that make my case more strong. I have some evidence before suspension of some rupees 2.33 lakh rupees.
R.K Nanda
(Expert) 11 September 2015
no reply 2 aq.
Querist :
Anonymous
(Querist) 11 September 2015
Sorry by mistake I click on anonymous option . my self neeraj
SAINATH DEVALLA
(Expert) 12 September 2015
Mr Neeraj,
Urs is strictly disciplinary and embezzlement of public money case instituted by UR dept.Whether U have committed the crime or not will be proved in the dept inquiry.
Allegations are for 3.76L but have evidence of 2.33L,can U clarify?
Querist :
Anonymous
(Querist) 12 September 2015
Yes a person who installed a transformer and I make legal papers on 2/6/15 and then inform higher officer for that and they send a office assistant gr -2 who also present and take the statements that he gave money of 2.33 lakh to line man and contractor but after my suspension from there he submits a stamp and oath that he given me all that money and I installed the transformer. I have xerox of all that panchnama and statement.
Querist :
Anonymous
(Querist) 12 September 2015
All other allegations are oral so I don't have evidence related to it nor dept.
Guest
(Expert) 12 September 2015
Mr. Neeraj,
A crucial question arises, is there no system in your board to get prior approval of the competent authority for installation of a transformer at the request of any customer and that too without getting deposited the money by issuing an official receipt for the money so deposited prior to installation?
Further, what is the outcome of investigation by the police after lodging of the FIR by your department?
Also, have you been kept in police custody for any number of days or not?
Still further, have you got any charge sheet from the disciplinary authority of your own department?
Rajendra K Goyal
(Expert) 12 September 2015
Engage some good lawyer and defend the case against you.
Querist :
Anonymous
(Querist) 12 September 2015
Res. dhingra sir,
There is a process but this consumer and line man install without permission as I have to visit 101 village so I caught it after 5 month of illegal installation. when I was on checking. Police not contracted me till now and don't intimate me about any matter all I know from news paper. Yes dept served me charge sheet on same allegations on 13 July and I recieve it on 28 July but they submit the application before on 19/06/15. I have answered the charge sheet with proof on 5 Aug but on 10 august police file fir.till now they don't give me a single letter except suspension and charge sheet. I also don't know when and how they make investigation officer. Not a single letter except two.
Guest
(Expert) 12 September 2015
Mr. Neeraj,
Do you mean that in spite of some set procedure, any one can withdraw a huge heavy weight transformer from stock without any approval, requisition or gate pass and nobody keeps account of all the stock and with the XEN/AE?
I don't think your case is a real one. However, if yours is a real case, can you send me a scanned copy of your charge sheet, which you received on 28 July, 2015, to enable me to examine the same on right perspective?
SAINATH DEVALLA
(Expert) 12 September 2015
U R just a junior engineer,installation of illegal transformer takes the skin of superior officers also,right from the divisional engineer.Hence only U cannot be made a target for the irregularity.i feel there is something else also involved in the case.
P. Venu
(Expert) 12 September 2015
Is not the execution of this work carried out after sanction of estimates, recording of MB etc.?
Sudhir Kumar, Advocate
(Expert) 12 September 2015
you have right to call any serving/retired Govt servant for defending charges in departmental inquiry
Sudhir Kumar, Advocate
(Expert) 12 September 2015
what gaban you have caught and what was the evidence. what evidence you have now.
Querist :
Anonymous
(Querist) 12 September 2015
Res dhingra sir, there is sceme in which consumer only by paying super vision and service tax only he can install a transformer only with the help of contractor and can buy from open market. There is no need to gate pass etc only sanction order. But this person without sanction install this with the help of line man. Sir I will send you scanned copy of charge sheet. Soon.
Querist :
Anonymous
(Querist) 12 September 2015
Sir gaban allegations are given oral that I have taken money from some consumers and did not deposit that. Not on papers only with some theif type consumer who never takes connection . they are saying that I have taken money 8 month before but not give the receipt. And they never complaint for that its dept officer who want to save a line man and want to dismiss me so they went to some persons of line man faith and take there statements only .
Guest
(Expert) 12 September 2015
Not the whole charge sheet, but a single page that too with text cut from all the four sides of the document has been sent to me by you. Can you send complete charge sheet?
Querist :
Anonymous
(Querist) 12 September 2015
OK sir I will send you tomorrow. Full sheet and application of dept given to police
Guest
(Expert) 13 September 2015
Mr. Neeraj,
It seems you are mixing up two issues together, the report made by the quthorities to the police and the charge sheet issued to you by the disciplinary authority.
I have not asked you to send copy of the report lodged to the police by the authorities. I simply asked you to send copy of the charge sheet against you that you earlier stated to have received from the disciplinary authority.
If you are talking only about the case with the police under IPC 420,409, by cooperating with the police in their investigation you may better present your case effectively to prove the falseness of the case.
Querist :
Anonymous
(Querist) 13 September 2015
Sir I have sent you charge sheet named charge sheet by two e mails and police complain by another email u can see both. Sir, police not contacting me till now for any queries. But I sent him some proof and letter to put my view and facts that my dept wants to hide to save line man . I want your suggestion on both thing on police complain and charge sheet.
Querist :
Anonymous
(Querist) 13 September 2015
First of all I want to know possibilities of anticipatory bail . then further process.
SAINATH DEVALLA
(Expert) 13 September 2015
It is difficult to get AB in corruption cases for govt employees.
See this section:
Section 7 in The Prevention Of Corruption Act, 1988
7. Public servant taking gratification other than legal remuneration in respect of an official Act.- Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. Explanations.– (a)” Expecting to be a public servant.” If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will when serve them, be may be guilty of cheating, but he is not guilty of the offence defined in this section.
(b) ” Gratification.” The word’ gratification” is not restricted to pecuniary gratifications or to gratifications estimable in money.
(c) ” Legal remuneration.” The words” legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government or the organisation, which he serves, to accept.
(d) ” A motive or reward for doing.” A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.
(e) Where a public servant induces a person erroneously to believe that his influence with the Government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section.
Querist :
Anonymous
(Querist) 13 September 2015
Dear sir but case against me is not under the sections of corruption . it is only in 406,409,420 . and in corruption cases special court is involved and police officer also appointed but here only police stations investigate this case.
Guest
(Expert) 13 September 2015
Dear Neeraj,
The Criminal case with the police is for breach of trust and cheating and dishonestly inducing delivery of property. That depends upon the findings of police investigation for further trial in the court of law, if that indicates any involvement on your part. So, you have to state the facts and prove your innosence, if you are really not involved.
So far as your charge sheet is concerned, nine charges have been leveled against you. It seems your reply to charge sheet is denial of charges against you. So, a regular inquiry is yet to start. For that the deiciplinary authority is destined to notify appointment of an inquiry authority to inquire in to the charge with reference to the the listed documents, as already made part of the charge sheet, and with the evidence of the witnesses named in the annexure to the charge sheet. Leveling of 9 charges indicates as if the authorities are bent upon to swallow your service.
But, you will get an opportunity to defend your case during the regular inqury proceedings with the help of one defence assistant, which you can engage for your defence to scuttle down the charge. BUT BE AWARE, YOUR DEFENCE ASSISTANT MUST BE STRONG ENOUGH AND KNOWLEDGEABLE ABOUT YOUR ORGANISATION'S REULES & REGULATIONS TO BE PERFECTLY ABLE TO REBUT THE CHARGES.
Best of luck.
Sudhir Kumar, Advocate
(Expert) 13 September 2015
even police station can proces the cases under pc act with the dffernce being that in such case IO shall by Dy SP or equivalent.
Guest
(Expert) 13 September 2015
I disagree with the views of Shri Sudhir Kumar.
Querist :
Anonymous
(Querist) 13 September 2015
Res . dhingra sir, I want to know the possibilities of getting anticipatory bail first . after that I can help police and can defend my self in dept proceeding as I am a probationer so imprisonment of a single day will be very harmful for me. So guide some point so I get anticipatory bail.
Querist :
Anonymous
(Querist) 13 September 2015
Sir can police enquiry and dept enquiry on same charges proceed? And only statements of a person can make in trouble a public servant . no evidence except ant fraudulent and without no complaint by consumer till now.
Querist :
Anonymous
(Querist) 13 September 2015
As per as charges and service I have no more interested in this service and preparing for resignation. But want to get rid of police case.
Querist :
Anonymous
(Querist) 16 September 2015
Thanks to all for their respective and valuable suggestions mostly dhingra sir .
Guest
(Expert) 16 September 2015
Dear Neeraj,
Since no case against you under PC Act stands registered against you, AB can be possible. Make your best posible efforts to get AB through some capable lawyer of your area.
You may or may not be interested in service, yet the resignation or voluntary retirement depends upon the discretion of the appointing authority on the pendency of any disciplinary case. But, still you can hope for acceptance of resignation as per the policy of the Government, where dismissal is not anticipated in the disciplinary case, the resignation can be accepted with the thinking that unwilling official need not be retained in service. BUT, the disciplinary proceedings may continue even after relinquishing of your service till final decision in the case.
For departmental inquiry in disciplinary case also, you will have to separately hire services of some most effective defence assistant to defend your case.
P. Venu
(Expert) 16 September 2015
You are adopting a haphazard view of the matter. Once a disciplinary proceeding has been initiated, you should meet the issues on merits. A departmental inquiry, like all other judicial and quasi-judicial proceedings, is a double edged sword: for an innocent public servant, whose action has been misinterpreted, it is the opportunity to prove not only his innocence but also provides the platter to establish the wrong-doing on the other side.
Querist :
Anonymous
(Querist) 17 September 2015
Thank u sir I have got AB on conditions that I have to deposits whole money 3.76 lakh before the trail court for regular bail. I want to know that this money may be is in cash,check without date or any property . as court said it must deposited and fix till the final hearing of case. And property named on another person can be deposited as I have no property on my name.or have to deposite it in cash. Or can I deposits a fixed deposits documents. Pls suggest me so I make arrangement accordingly.
SAINATH DEVALLA
(Expert) 17 September 2015
3.76L in cash,i.e the money for which U have been accused, and another suriety for the equivalent amount either in cash or property.U are not clear.
Querist :
Anonymous
(Querist) 17 September 2015
Sir u can check my judgement order on mp high court Indore bench with case no. MCRC/7695/2015. AND can guide me correctly.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
Hope the matter is being followed up vigorously through your advocate in the high court seeking anticipatory bail on merits, wait for the outcome.
