Complaint against govt servant for giving dowry

send RTI application seeking info. - whether wife has given declaration to the govt. that no dowry is exchanged at the time of her marriage.

once u get the answer, write a formal letter on a plain paper stating the facts, enclosing the CAW complaint + RTI reply.

as per my belief : THERE IS NO DEFINED FORMAT OF COMPLAINT for breach of CCS RULES .

experts - pl. enlighten.

https://www.referencer.in/CS_Regulations/CCS(Conduct)Rules1964/Rule_13.aspx

The Central Civil Services (Conduct) Rules, 1964

13. GIFTS:

(1) Save as provided in these rules, no Government servant shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift.

EXPLANATION: - The expression "gift” shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Government servant.

NOTE (1) - A casual meal, lift or other social hospitality shall not be deemed to be a gift -

NOTE (2) - A Government servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations, etc., having official dealings with him.

(2) On occasions such as weddings, anniversaries, funerals or religious functions, when the making of gift is in conformity with the prevailing religious and social practice, a Government servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds -

(i) rupees seven thousand in the case of a Government servant holding any Group 'A' post;

(ii) rupees four thousand in the case of a Government servant holding any Group 'B' post;

(iii) rupees two thousand in the case of a Government servant holding any Group 'C' post; and

(iv) rupees one thousand in the case of a Government servant holding any Group 'D' post.

(3) In any other case, a Government servant shall not accept any gift without the sanction of the Government if the value thereof exceeds-

(i) rupees one thousand five hundred in the case of Government servants holding any Group "A" or Group "B" post; and

(ii) rupees five hundred in the case of Government servants holding any Group "C" or Group "D" post.

(4) Notwithstanding anything contained in sub-rules (2) and (3), a Government servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gifts shall be regulated by the instructions issued by the Government in this regard from time to time.

(5) A Government servant shall not accept any gifts from any foreign firm which is either contracting with the Government of India or is one with which the Government servant had, has or is likely to have official dealings. Acceptance of gifts by a Government servant from any other firm shall be subject to the provisions of sub-rule (3).

13-A. Dowry

No Government servant shall-

(i) give or take or abet the giving or taking of dowry; or

(ii) demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry.

Explanation:- For the purposes of this rule, ‘dowry’ has the same meaning as in the Dowry Prohibition Act, 1961(28 of 1961).

https://www.referencer.in/CS_Regulations/CCS(Conduct)Rules1964/GOI_Decisions_13.aspx#P05

(5) Acceptance of dowry by Government servants

It is provided in this Ministry’s OM No. 25/8/57-Estt.(A) dated the 25th March, 1957 (not reproduced) that dowry should be regarded as a customary gift which a Government servant may accept without prior sanction and that subject to the provisions of the rules relating to gifts and transactions in immovable and movable property, all such gifts should be reported to the Government or other prescribed authority.

2. The matter has been reviewed in the context of the provisions contained in the Dowry Prohibition Act, 1961. Section 2 of this Act defines dowry as ‘any property or valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before the marriage as consideration for the marriage of the said parties, but does not include dowry or mahar in the case of persons to whom the muslim Personal Law (Shariat) applies’. For removal of doubts Explanation I below Section 2 declares that ‘any presents made at the time of marriage to other party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of the section unless they are made as consideration for the marriage of the said parties’. Persons who are guilty of giving or taking or abetting the giving or taking of dowry, or demanding any dowry, directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, are liable to the punishments prescribed in Sections 3 and 4 of the Act. In the circumstances, Government servant should not give or take or abet the giving or taking of dowry; nor should they demand dowry, directly or indirectly, from the parents or guardian of a bride or bridegroom as the case may be. Dowry can, therefore, no longer be treated as ‘customary gift’ as has been stated in this Ministry’s OM of 25.03.1957 referred to in para 1 above (not reproduced). Any violation of the provision of Dowry prohibition Act, 1961 by a Government servant will constitute a good and sufficient reason for institution disciplinary proceedings against him in addition to such legal action as may be taken against him in accordance with the provisions of the Act.

3. Receipt of presents by Government servants at the time of their marriage in the form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage from relatives and personal friends will be regulated by sub-rules (2) of rule 13 of the Central Civil Services (Conduct) Rules, 1964. The receipt of such presents from persons other than relatives and personal friends, will be regulated by sub-rule (1) of rule 13 ibid read with sub-rule (3) thereof. Purchases of items of movable property for giving presents at the time of marriage will be regulated by rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, like other transaction in movable property.