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boss harrasing the subordinate in govt. departmental job

(Querist) 06 June 2012 This query is : Resolved 
Jai Hind to Every One,
My problem is very serious in Nature as my father is working with Forest Department of Govt. of HP. Due to political ill will the present Boss of my dad willfully on his individual capacity unnecessarily harassed him.
When my dad was transferred from one place to the other under current boss he did not took my dads joining, and asked my dad to pay Rs.25000 in lieu of implementing the transfer orders, and said that if he (my Dad) want to join on the post pay Rs.25000 otherwise these transfer orders are being cancelled from CM office and you shall go back to the previous station. Though we took relief from Himachal High Court and got the orders implemented after 5 months. Meanwhile the salary was also stopped, Now I want to sue this officer for harassment, Corruption & misuse of powers, Kindly guide me and let me know should I file a case against this corrupt officer? What are the sections under which we can prosecute him and what could be the quantum of punishment to this officer if proved Guilty of Harassment, corruption and misuse of power holding a post of public servant.
I shall be highly Thankful to you
Thanks

Surender Kumar
Kullu Himachal Pradesh
Sudhir Kumar, Advocate (Expert) 06 June 2012
Y9u cannot sue the boss for recovery of the outstanding slaary you have to sue the State of HP. You can at the most make him respondent in personal capacity if advised by your lawyer.

For corruption charges you have omitted the opportuinity of getting him trapped whenhe actually demanded bribe. Now you just have to beat about the bush.

The given facts only prove highhandedness adn not corruption at this stage.
Surender Kumar (Querist) 06 June 2012
Thanks a lot Sudhir
Trapping is possible only if the Vigilance people are honest brother. Perhaps You are well aware of Police walas being sold and purchased for few hundred bucks. Judiciary is the only hope in this so called democracy.
Sudhir Kumar, Advocate (Expert) 07 June 2012
I have seen many successful traps.

It is trap procedure only where clinching evidence of bribe is there and judiciary can act. Other things are cirucmstantial only.


Anyway you have lost opportuinity.


No you can only sue the Govt (not the officer) for salary dues.


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