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Registration of fir after thorough inquiry

(Querist) 29 July 2013 This query is : Resolved 
A Retired A.S.I of Police had filed an appeal in 2010 under RTI Act 2005 before the appellate authority and requested him that he was not provided the copies of his ACRs from 2002 to 2005 by the Public Information officer in his parent department at Patiala.at that time his ACR file was not in his parent department but at the Police Headquarter at Chandigarh where his appeal against adverse ACR was pending. The appellate authority called back the ACR file and found that his ACR from 2002 to 2005 is missing. even entry was not made in the index file which is mandatory by the concerned clerk.after inquiry it was found that the said clerk received the ACRs but did not attach it with ACR file and mentioned it in the index of ACR file. The Addl DGP wrote a letter to S.S.P and got a file registered u/s 409 IPC against the clerk. The SHO of police station mentioned the said ASI as a complainant where as FIR was got registered by ADGP. ASI was only applicant under RTI ACT he has no knowledge about his missing ACRs nor he sought any action against the said clerk , instead he only made an appeal to provide him copies of his ACRs....Who is the real complainant of FIR u/s 409 as per Law...? kindly inform me please...
Nadeem Qureshi (Expert) 29 July 2013
it can be Sho, Adgp or any department officer


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