complaint of corruption against the Retired public servent
umapathi.s
(Querist) 24 January 2009
This query is : Resolved
sir, is there any immunity from punishment for the acts of corruption and abuse of power committed by a public servent during ones tenure but came to light after his retirement ? is there any limitation from taking cognizance of offence either under preventation of corruption Act-1988 or other laws ? pl give the reference of any court judgement in this regard. can the money misapporpriated by such person be recovered ? is yes , how ? . please give some guidance. the fact of corruption and abuse of power has been obtained by me now under the RTI ACT-2005 and I need to bring the same before the apporpriate authority under the law. thanks in advance. regards
Guest
(Expert) 25 January 2009
The head of the department in which he worked has to be informed and a request has to be made to initiate departmental enquiry and prosecution against the said personnel. Similarly, the vigilance section of the department has also to be approached for the same purpose. There is no immunity to the even retired government servant from corruption charges. As far as recovering the appropriated money, that can be recovered from the pension as well as attaching hi bank accounts and immovable property. If, the employer department is not interested to take any action (it happens quite often because he was their collegue and also a old person), you move the writ court for appropriate direction to the employer department to initiate departmental and prosecution against the erring employee.
Prabhakar
karlprabhakar@gmail.com
Murali Krishna
(Expert) 25 January 2009
Retirement does not save a person from criminal prosecution of a public servant. If such corruption comes to the knowledge, limitation, if any, starts from the date of knowledge.
S.197 of Cr.PC does not come to his rescue since corruption is not part of duty. Refer to Prakash Singh Badal's case by Supreme Court.
umapathi.s
(Querist) 25 January 2009
Thank u Mr. Prabhakar and Murali Krishna sir,your clarification and advice on the matter is very useful to me. I am reporting the matter to the Cental Vigilance Commissiion (CVC) since he is one of the top ranking offical in a nationalised bank and recently retired . in case of no action even after reporting to CVC, I hope i can file a Writ Petition ?
PALNITKAR V.V.
(Expert) 26 January 2009
Since the offences under the Corruption Act are mostly punishable with imprisonment of more than 3 years, there is no question of limitation. You may file complaint with the CBI who is competant authority to investigate. The CBI can arrest the employee, can obtain remand and recover the money or attach the property purchased with the aid of crime money. If the CBI does not take cognizance, you may file writ.
