Complaint to magistrate under ipc-504
Rajesh Tandon
(Querist) 29 June 2013
This query is : Resolved
1. I am an army officer. Presently I am having differences with my boss. In fact in the entire station, I haven't come across any officer speaking good about my boss. He doesn't enjoy a good spoken reputation.He is more known for manipulations in the allotment of accommodation. I have asked for interview with his boss for Redressal of my grievances . Having reported the matter of grievances about my boss to his boss, even before listning to my grievances , I have been ordered to move to another office in another appointment. In the meantime, the lower staff generally takes advantage and they see which way the wind is moving. Though most of the lower staff has got cordial relations with me. There is one NCO (Havaldar clerk) who is presently doing the head clerk duties in this office complex in which my boss, his number two(other officer) and self with one more officer are sitting in different offices within the same complex. The subject NCO seems to be close to my boss and his number two(other officer). Being the head clerk this NCO is always high headed as if giving the impression that he has got the patronage of the boss.
2. Day before yesterday the subject NCO entered my office and started doing some minor adjustments to the 24 line modem installed on the front wall of my office/chamber. Normally, whenever there is any problem in the lines of the said modern, whosoever in a lower staff has been coming, they have been informing me that they were doing some line adjustments. On entering my office, this NCO did not even wish me, “Good morning/ Jai Hind”. I checked him for this impropriety of the conduct and asked him that ," Do you have the courtesy to wish to an officer who was sitting in the office. In fact it is responsiblity of every officer to ensure good order and discipline & instantly report any impropriety of conduct as per regulations of Army. When checked about this impropriety of conduct, instead of wishing me he kept staring at me and then took out his middle finger, put it in his mouth and with bit of saliva on it, he was showing the finger to me giving an impression “UP YOURS” & and thereafter started doing some adjustments to the lines with saliva on his finger & trying to put the saliva on the socket. I told him to kindly move out of my office if he doesn't have the courtesy to wish. He neither wished me, nor moved out of my office and further said, “I'm doing a important work please let me do it.” It was extremely annoying. Only two of us were there in the office. In fact, if administrative authorities are to take cognizance of the incident, it falls also under violation of good order and military discipline as per the Sec 63 of Army act. It amounts to direct insult to an officer and this NCO was taking advantage of the situation. I got agitated and moved out of my office and reported the matter to my boss and his number two which they said they will look into it but nobody called me for enquiring into the incident/matter. Currently, my boss does not seem to take cognizance of the matter, though he promised to look into it but there was another incident of the individual not receiving the DAK( letter/Mail) and yet my boss was trying to shield him. I have doubts that he will do justice to this matter.
3. The subject NCO does not have good spoken reputation amongst the lower staff & is professionally also inefficient. But lower staff, some of them being civilians and others in uniform don't want to report the matter publicly to avoid unpleasantness and to avoid annoying the boss. I have my serious doubt whether the organisation will take incident seriously and punish him for his misdemeanor since Last year, there was an incident in another office where I was there & where in, there was another NCO who used to be drunk more so even at the time even in the duty hours which I learnt from other staff of that office. I tried to catch him red-handed one-day after i learnt about his drunkenness on duty . I was away to some other office to attend one conferance. The moment I was free free from conferance I came to check him in the office since he had given a call to me in drunken stateBut he moved out of the office when i reached there. One night he gave a threatening call to me on my mobile. I reported the incident with a photograph of my mobile of the call coming on my number and actually this incident was falling under IPC 503 criminal intimidation and IPC 506(Punishment for Criminal Intimidation). In fact IPC 506 is cognizable in the state of Uttar Pradesh where I am presently posted. Yet the administrative authorities pushed the matter under the carpet & did not even allow me to report the matter to police. They did not even order the court of enquiry.
4. In the subject current incident of NCO making insulting gestures after entering my office, can I book a complaint with Magistrate under IPC 504(Intentional Insult with intent to provoke breach of peace) or should I give the entire complaint with other related incidents about the subject NCO, first in writing to my authorities and if they do not react and dismiss the incident as a very minor which is likely to happen, then in that case should I go and complain the matter to magistrate under IPC- Sec 217(Public servant disobeying directions of the law with intent to save person from punishment or property from forfeiture).
5. Also please guide and educate me on the matter of section 200 CR PC under which complaint can be given to magistrate. It covers procedure for complaint to the magistrate which somebody told me it is only on the criminal matters. So, is it not that every offence(epecially any non-cognizable offence) falling under IPC(which is a law of crime) will be criminal wherein it can be reported in form of complaint to the magistrate and even in case of cognizable offence if police fails to register the FIR.
6. In connection with IPC 217, ref Supreme Court judgement in the matter of UNION OF INDIA THROUGH MAJOR GENERALH.C. PATHAKVs.RESPONDENT:MAJOR S.K. SHARMA where in on failure of administrative authorities to act, the complainant (the Army officer) moved complaint under IPC 217 to magistrate. The matter was fighting & beating among officers i.e classic criminal case of assault.
Shashikant V. Patil
(Expert) 29 June 2013
Irrespective of Senior officers and Junior Officers all lower ranks have to respect all commissioned officers but it is unfortunate that, our officers have creating and spoiling atmospheres for their vested ill interest and manipulation not only makes bad images and lowering respect by lower staff. This also nourishes Chamachagiri and buttering to the boss in the Defense forces. You have to become strict to this NCO who misbehaves with you. And not having uniform discipline and manners to wish and respect before entering in your room. These elements are spoiling the show and color of our disciplined Defense force. You being a commissioned officer, take him on task to make a frog jump, if you cannot punish him physically, raise the charges of misconduct and trial him. You had interview with your superior but it is in vain. Write down your complaint in detail to your Officer Commanding i/c Command HQ. Like you officers have to maintained discipline in the forces otherwise, people will lost the faith in uniform as these things happening everyday in Civilians office and not in Defence.
Rajesh Tandon
(Querist) 29 June 2013
Thx Mr Shashikant patil for agreeing with me. But issue is on clarification on technical issues of law which ihave saught for in para 4 & 5 of my Querry since supression of facts & indiscipline case is very much expected by my seniors in this case. The issue is can the incident be considered under IPC504?
Raj Kumar Makkad
(Expert) 30 June 2013
You being part of a disciplined force are not expected to directly approach the criminal court as a general citizen. You are required to make a complaint in writing to higher officials and wait for their action failing which to file its appeal to further higher officials through them as per procedure otherwise you shall invite problems for you.
Rajesh Tandon
(Querist) 02 July 2013
Thank u very much Mr Makkad for your advice.I was out of station& could see your reply today only. I really respect your advice, But past experience has shown that officers are biased & push the matter under carpet. Believe it at one stage in a court of inquiry my senior officer told me to pass the orders for closing of court of inquiry when certain accused officers asked for copies of document. They were not supplied with requisite pages of document.They were not given fair chance. This was working with unfavourable terms/ Organisation operating with unclean hands. That is why a no of times there are no fair trials. Judgement is predecided on whims & fancies of Sr offrs. Ultimately army looses in civil court. A court out side sees the facts of the case of d matter as per law not by whims & fancies of senior officer which get implemented by ACR driven middle rung officers who don't put d facts correctly infront of their senior offrs for their vested interest.I will definately complaint in the organisation as per your advice but Supreme Court judgement in the matter of UNION OF INDIA THROUGH MAJOR GENERALH.C. PATHAKVs.RESPONDENT:MAJOR S.K. SHARMA clearly shows that he went for complaint to magistrate only when army auth did not take cognisance of the act. Could you throw some light on this. Secondly could u throw some light on general clarification as asked in para 5 of my querry. Regards.
