Family pension on false certificate
Balaji Bakthavathsal
(Querist) 14 March 2015
This query is : Resolved
Respected Learned Lawyers,
While investigating a fraudulent lady who attempted to grab our ancestral property, it has come to my notice that she is drawing family pension from the Army Authorities by furnishing a false marriage certificate. Though the lady is wife of the dead army person, she is an illegitimate wife. The Army Pension Regulations clearly says that the Family Pension to the second wife is not admissible. Knowing that she is not eligible for the family pension, she furnished the marriage certificate as if she got married him after the death of the first wife whereas the legal heir certificate clearly reveals the truth.
My question is, can I file a separate criminal complaint on the fraudulent drawal of Family pension with the Judicial Magiatrate with whom already a criminal case is pending for the attempted grabbing of the property. Please clarify.
Thanks & Regards
Balaji
venkatesh Rao
(Expert) 14 March 2015
In my opinion, first you have to inform the army authorities. The army authorities will investigate and cancel if your contention is true and also may resort to recovery proceedings. Then, you may file the complaint before the court and get it referred to the police for investigation.
Balaji Bakthavathsal
(Querist) 14 March 2015
Dear Mr. Venkatesh Rao,
I sent several letters to the Army Authorities upto the level of Army Headquarters, New Delhi. The Army Authorities flatly refused and told me to file the suit in the court. Some opine that I have NO locus standi to file the suit. My intention is to bring to the notice of the fraudulent act of the lady as the government is paying money for fraudulent character. Already the District Crime Branch Police filed a criminal case against the lady but they have not included this point in their charge sheet. So, my question is, can I file a seperate criminal complaint on the lady.
Rajendra K Goyal
(Expert) 15 March 2015
You should write again to the military authorities and vigilance department.
Guest
(Expert) 15 March 2015
Mr. Balaji,
You have not mentioned, in what capacity or relation with the deceased employee you investigated the so called fraudulent lady.
However, for your information, the pension sanctioning authority is not led by false or true marriage certificates produced by wife. The family pension is sanctioned by the competent authority to the lady, who has already been declared in writing by the concerned employee through a list of family members submitted by him during the course of his service.
However, if you like detailed discussion on phone, you may click at: CLICK TO TALK link at my profile page to be accessed by clicking first at my name here.
OR
Open the following link in a separate browser
http://www.lawyersclubindia.com/lci_connect/default.asp?member_id=98620
Dr J C Vashista
(Expert) 16 March 2015
I fully agree with the expert advise of Mr. PS Dhingra.
Commanding officer of the soldier publishes Part-2 order for the new occurrence/ contingency for updating Sheet Roll of the individual, which is an official and authentic record for grant of pension by CDA/PAO for directing the Controller of Defense Accounts (Pension) to issue necessary PPO for disbursement of pension to pensioner or his wife (recorded).
For any other consultancy/clarification you may contact for pre-paid advise/proceeding.
Dr. (Major) J C Vashista, Advocate
Consultancy Room, Lawyer's Chamber Block, Delhi High Court, New Delhi-110003
email: majjagdish@yahoo.com
