Rakesh Agr (fighter) 02 November 2015

State govt rule verses central govt 1964 rule

hello All - I have a friend who has a 489A case filed on him by his wife via 156(3). The police did not take FIR so his wife went to court and filed 498A by a affidavit in front of magiratrate. His father in-law is a retired state government employee of West Bengal (Howrah district) but was working when the marraige took place.

His father in law gave a written statement in affidavit that he paid 2 lacs dowry which is totally false. Now my friend wants to screw them.

There is a rule of central govt 1964 act which says giving dowry is crime and a departmental enquiry is initiated if proved and pension is stopped. So my friend wants to take that route.

However his FIL was employee of WB state government. Can anyone of you confirm if the central government rule will apply here and he can inform his father-in-laws office and stop his pension

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2 Replies

Rakesh Agr (fighter) 03 November 2015

Hello - can anyone please answer. The rule I menat was "Central Services Conduct rules 1964". You can get it at below link and about dowry below is mentioned. Does state government employess come under this ambit.

https://persmin.gov.in/DOPT/EmployeesCorner/Acts_Rules/CCSRules_1964/CCS_Conduct_Rules_1964_Updated_27Feb15.pdf

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).

siddhartha sinha 05 November 2015

No. Central govt service rules dont apply to state govt employees.I cant say if there is any analogous rule for west bengal state.There should be, and then it becomes a case of misconduct. But even if there is such a rule, it is a subject of departmental action.They may or may not take action.Though there is a dowry prohibition act in many states including w.b. which applies to any person in that state.