Section 13(1)(d)(ii)(iii) of pc act 1988

Rajesh Thakral (Querist) 10 May 2014 This query is : Resolved
R sir i put a complaint against a clerk for demanding of bribe. Due to pending Inquiry the department withheld the clerk promotion but now i got the information through RTI that school Principal issue a false certificate of regarding
" no inquiry pending" . School principle knows the matter that inquiry is pending against this clerk but Principal is in the favor of clerk so he issue him a false certificate that no inquiry is lying pending against that clerk . so with the help of this false certificate department gave him promotion .
So please tell me that this is the offence falls under section 13(i)(d)(ii)(iii) of PC Act 1988 because the school principal abuse his position to reward the benefit of promotion to that clerk by giving him false certificate.

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ajay sethi (Expert) 10 May 2014
file complaint against principal for giving false certificate that no inquiry was pending against the clerk . Principal has misused his position to benefit the clerk

Rajesh Thakral (Querist) 10 May 2014
Sir tell me that i can file complaint under section 13(1)(d) (ii)(ii)to vigilance department aginst that principal who give false certificate. Please tell me

Guest (Expert) 10 May 2014
Vigilance department cannot entertain any complaint under PC Act. Only SPE or the CBI are competent to handle complaints under PC Act.

Complaint by Vigilance department can be entertained under the Conduct & Discipline Rules applicable to the employees, which you should check at your end.

However, before reporting the matter, you must have some proof in support of your statement. Otherwise, if unable to prove your charge, you can also be subjected to disciplinary action for making false complaint.

Rajendra K Goyal (Expert) 10 May 2014
If you have enough proofs, file departmental complaint against the principal. You can get the information from the department if falls within the preview of RTI.

Rajesh Thakral (Querist) 11 May 2014
Sir what is the full form of SPE mentiones by PS Dhingra in above.
Please tell me that wheather i can put istagassa in lower court under section 13(1) (d)(ii)(iii) of PC Act 1988.

Guest (Expert) 11 May 2014
Special Police Establishment of any state.

Rajesh Thakral (Querist) 11 May 2014
sir please tell me about istagassa

Advocate. Arunagiri (Expert) 11 May 2014
Every state will be having Directorate of vigilance and Anti corruption DVAC Police department. You can make a complaint to that Police on the issue you have described.

You are having the option of filing a istagassa in lower court, but that court will forward the same to the DVAC police only.

Sudhir Kumar, Advocate (Expert) 05 September 2014
refer

http://www.lawyersclubindia.com/experts/ipc-section-200-489556.asp

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