Vigilance complaint on retired Govt. Emp.
anantha madhav
(Querist) 13 July 2011
This query is : Resolved
Dear Forum Members,
Vigilance complaint can be given against a retired Government employee U/s 10 of Prevention of Corruption Act.
Valuable Advices by Forum please
Raj Kumar Makkad
(Expert) 13 July 2011
In my opinion, section 10 cannot be plied against retired person as he doesn't contain the status of public officer at that time, however, the complaint can be lodged because the offence was committed when such accused was performing the act of public officer. The section itself shall prove it which is reproduced below:
10. Punishment for abetment by public servant of offences defined in section 8 or 9.- Whoever, being a public servant, in respect of whom either of the offences defined in section 8 or section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
anantha madhav
(Querist) 14 July 2011
Dear RK Makkad,
thank you very much your reply
The retired Govt. employee committed the offence when he in service and got retired after one and half year.
R.Ramachandran
(Expert) 14 July 2011
Dear Mr. Anantha,
In any case, what made you wait for one and half years if you are so serious about the issue. Again one is not sure as to what sort of material/evidence that you have to support your case.
Please be careful, the matter may backfire and he may take action for defamation. I am not dissuading you, but trying to caution you.
