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Rajnish Kumar das   29 September 2020

Possession of official documents without permission

Sir,

Can an employee take official documents pertaining to his colleagues to be used as proof in department sc l representation of his service matter to higher authorities.under which rule does such act comes



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 September 2020

In which Government?  State to State or central government rules some vary. so how can one reply to your query without any facts?

Dr J C Vashista (Advocate)     30 September 2020

No facts have been posted for consideration and obligation by experts on this platform,

Consult a local prudent lawyer with relevant documents for better appreciation of facts/ records, professional guidance and necessary proceeding.

Rajnish Kumar das   30 September 2020

In central government concern

G.L.N. Prasad (Retired employee.)     30 September 2020

Taking a public document as a copy without due permission amounts to misconduct.

There are two things involved

1)Validity of such document

2)Action for such lifting of the document from a public record for taking a copy without proper permission.

However, when there is larger public interest involved like a fraud on Government with fake documents etc., the authorities may consider that document as evidence and may not proceed against the employee that possessed such a document.

RTI Act provides an authentic way to procure such documents with attestation unless such information is exempted under Sec. 8 (1) (j)

The superior may take this as misconduct and can call explanation from the concerned employee that lifted such document.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 September 2020

Originally posted by : Rajnish Kumar das
Can an employee take official documents pertaining to his colleagues to be used as proof in department sc l representation of his service matter to higher authorities.under which rule does such act comes

 

1. Taking out office documents, without following due procedures of law, is akin to Stealing /Theft of the documents, from Govt. Office.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sudhir Kumar, Advocate (Advocate)     30 September 2020

why you want to be wrongly advised by hiding facts.

1 Like

P. Venu (Advocate)     30 September 2020

Yes, the posting is a riddle than a query.

1 Like

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