Personal Bias and Discrimination in vigilance action
D.M.Puri
(Querist) 04 September 2008
This query is : Resolved
I am a central govt. officer. Sometime back for a year or so, I was the purchase officer. I found that there were lots of fictitious and non-existing firms. Many of these firms were registered without any capcity verification. They were supplying the items at very high rates. For example, one item which was once supplied by one of the firm @ Rs. 1544 was purchased by me @ Rs. 146/-. There was saving of Rs. 9.40 Lakhs in one order itself. One of the officers who was looking after the production sections used to purchase some of the items at 2-3 times the rates, I was purchasing. Later on this production officer became CVO and started questioning me. Though, no action has been initiated against me but it is a source of embarrasement for me. This case is a cakewalk for any advocate to prove personal bias and discrimination. Both of us are from same cadre and know each other for more than 20 years but always had strain relationship. Pl. advice my phone is 92390 12486. I want to take legal action against CVO for defaming me. He cannot produce any proof regarding existence of these firms. Pl. advice. Nothing is more than my dignity and prestige.
K.C.Suresh
(Expert) 05 September 2008
Dear Puri,
Your case will come under Section 13(1)(c )and (d) r/w 13 (2) of the Prevention of Corruption Act, 1988. Section 13(1)(c ) stands for misappropriation of public fund. S. 13(1)(d) stands for abusing the official position either by illegal nmeans or by corrupt method or with out ant any public interest. His act and omission will come under the defenition of Breach of trust and cheating under section 409 and 420 IPC respectively. If g=he forge any document for the purpose of cheating that will come under S.465 IPC
Knowing fully well that such firmns are non-extinct the respondent CVO is using them as genuine and creating documents in favour of that firms, that is an offence which will comne under 471 IPC. If a person keeps accounts of a non-exitnct firm knowinhg that such a firms are not in existance he is falsifying the accounts U/s 477A IPC.
It is not a question of defaming you Mr. Puri it is a clear case of corruption which can successfully be prosecuted by the central vigilance & Anti-corruption division or CBI.
D.M.Puri
(Querist) 12 October 2008
I, first of all apologise for showing my gratitude after a while. Everyone in the family wish to express heartful thanks to you. Your advice has taken lots of burden from all of us and has provided with the courage to withstand all the wrong doings against us in the past. I do not know how to pay it back, but all of us are very genuinely and sincerely thankful to you. This reply of yours has put the faith back in me and my family. Thanks...
