Criminal case case be filed if the authorites has chaeted the public?
yogesh
(Querist) 01 November 2014
This query is : Resolved
Sir,
In sevice matter case if the authority has cheated the public and ofer the post without selction test can criminal case be filed if there is smell of malfidenes and breach of trust with common pepole
The fact of the case is that I am dealing one case being consel of the case
In one Govt sector the authorites had offered the post to one candidate which was never advertised without holding selection test and the matter is still pending before the CAT for last 4 years, The CAT asked for the records but they misplaced it and tendered false affidavit before the court and I filed the 340 Crpc which is pending before the CAT nad now they say the records has ben traced but still have not been produced before the court
My query is that since the post was public post and authorites need to made an advertisement and formed the selection committeee aand result needs to be displayed but they offered the post purely by back door whether the prosvions of IPC donot attarct in this case as they have coommitted criminal conspiracy, cheating and fogery ?? if yes, whether the same can be filed before the Ld JMIC/MM simulatneously
Sudhir Kumar, Advocate
(Expert) 01 November 2014
In one Govt sector the authorites had offered the post to one candidate which was never advertised
WHAT IS THE POST AND WHAT ARE THE RECRUITMENT RULES
without holding selection test and the matter is still pending before the CAT for last 4 years,
WHAT IS THE CASE IN CAT.
WHETHER FILED BEFORE OR AFTER SELECTION.
ANY STAY ORDER
The CAT asked for the records but they misplaced it and tendered false affidavit before the court
HOW THE RECORDS ARE FALE
and I filed the 340 Crpc which is pending before the CAT nad now they say the records has ben traced but still have not been produced before the court
WHETHER STATEMENT OF THEIR COUNSEL IS RECORDED OR NOT.
Rajendra K Goyal
(Expert) 01 November 2014
Questions / information sought by the expert need to be replied by the author first for any advice.
Dr J C Vashista
(Expert) 02 November 2014
@Yogesh Ji,
1. There are many missing links in your query, most of them have been asked by expert Sh. Sudhir Kumar ji after analysing the same very intelligently, I appreciate and agree.
2. Let us be clear government department has to notify/advertise the vacant post, QR, terms and conditions and other relevant informations.
3. Selection process has to be completed in any way, which cannot be bye-passed, as alleged.
4. What is the gist of matter pending in CAT e.g., recruitment/selection, pay, promotion, training, discipline etc.
5. What is your charge/allegation in your application u/s 340 Cr.PC? Whether the government department has declared the files as lost or CAT? You have filed application against whom i.e., department or CAT?
yogesh
(Querist) 02 November 2014
Thank you sudhir kumar sir sir for viewing my query at instance glance.The following are the reply
WHAT IS THE POST AND WHAT ARE THE RECRUITMENT RULES
"Its technical post and the post is meant for open selection"
WHAT IS THE CASE IN CAT.
WHETHER FILED BEFORE OR AFTER SELECTION.
ANY STAY ORDER
"no selction process has ben conducted it was general post(UR) and the post was offered to Reserved class candiate who particpated against reserved class post and failed to get sselected even for reserved class points"
HOW THE RECORDS ARE FALE
" Sir they misplaced the records when Tribunal has asked them to produce on next date of hearing..Its conspiracy committed by theri counsel and adminsitration because no police FIR for the misplacemnt of records has been filed after 8 months the counsel informed the authorites the records has been found in their lawyers office"
WHETHER STATEMENT OF THEIR COUNSEL IS RECORDED OR NOT.
" Counsel and the authorites has been backtracking it every times in 340 Croc application the counsel stated that they donot want to file the reply but they filed after period of 1 year as the bench has been regaulary changing and in the reply they have stated that they have traced the records but didnot file in the courts in respond to my frsh application for directions"
"340 Crpc is filed against 2 false affidavits in which they have given false submission that they have advertised the post and the applicant as not even particpated in the selection process"
yogesh
(Querist) 02 November 2014
Thank you vasisht sir
What is your charge/allegation in your application u/s 340 Cr.PC? Whether the government department has declared the files as lost or CAT? You have filed application against whom i.e., department or CAT?
sir I have filed the 340 Crpc to take cognisance against the Respondent -Govt department as materail placed are sufficent to state that they have tendered faalse affidavit and ststed false submission on oath supported by affidavit
in 340 crpc specific allegations has been made on the basis of theri submission which flasely state that they have advertised the post and appointment was given by proper selection process along with the misplacemnt of reords
Dr J C Vashista
(Expert) 03 November 2014
@Yogesh ji,
Under the circumstances your action is perfect, please proceed in the application u/s 340 Cr.PC.
If the post is technical as stated by you, whether qualification required were made public or not?
When the selection process was not there what is the grievance?In this case how did you come to know
In case a "reserved" candidate appeared for a vacancy meant for "general" candidate but the selection process did not commence then what is the dispute?
Some more informations required to form an opinion.
yogesh
(Querist) 03 November 2014
Thanks for valuable opinion sir..This is very surprisng matter which has brought to my notice..Actually in October 2004 the Govt authroites had advertsed one post of Rserved class ( SC) in which 3 candidates had participated and the selected candidate had offered Reserved Post (SC). subsequently after few months they has advertised one post of Reserved class (OBC) and invited applications from open market.then one candidate who was working against the Unreserved Post (UR) had left services/terminated from services and his unserved seat was offered to one of the candidate who was unsuccessful against the Reserved Post (SC)in 2006..Only filing RTI they were stating that he was given post against the Rserved seat and they concealed thsi fact in one of the other RTI which gave different information..they tendered the false affidavit when one of the candiadate has challnegd the authorites on some different issue which was pertaing to other selection process held in year 2001...OA was filed in 2011 since then they have been adopting dialtory tactics
