How to prosecute an impersonator
RITESH RANJAN
(Querist) 06 May 2015
This query is : Resolved
Respected Jurists and Members,
Following are some facts and circumstances for your kind perusal.
1. Mr.'A' is a Govt. servant. He is not a DDO (Drawing and Disbursement Officer). He is well aware of the fact.
2. Even then, for some vested interests (commission etc., though no proof available regarding acceptance of commission or bribe) he signs Application Forms for Personal Loan from Govt. Bank as the DDO of the applicants, who also are lower grade staff in his office.
3. Through the RTI Act, 2005, information provided by the bank clearly mentions his name that he has signed as the DDO.
REQUEST - Kindly guide about appropriate course of LEGAL action / Prosecution in light of the aforesaid facts.
Myself along with many other low paid employees shall remain grateful for your valuable guidance.
Regards,
Thanking you,
Ritesh Ranjan
Guest
(Expert) 06 May 2015
Please provide clarification on the following two points:
1) Have you applied for a loan from Government bank by paying commission/ bribe to the person alleged to have impersonated as a DDO?
2) As a translator, do you have the authority to prosecute him and with what direct concern with the case?
Sudhir Kumar, Advocate
(Expert) 07 May 2015
You havenot been able to so far highlight any crime on the part of the said DDO.
RITESH RANJAN
(Querist) 07 May 2015
Learned Experts,
It is to submit that...
1. I have not applied any loan with the help of the subject PERSON.
2. I understand that as Translator,I don't have the authority to prosecute him.
3. I intend to engage a lawyer for so.
4. Respected Shri Sudhir Sir, is it not a crime that the PERSON has knowingly signed many forms / bonds as the DDO, when he is not a DDO.
5. Respected Dr. JC Vashista Sir, I am concerned because many of my Employees Union Members has taken his help in their harsh times to avail loan, after offering him commission /bribe. Further, it would be an example set for others who do such cheating and thus, as Union Leader I can compel the management to devise a legally suitable mechanism for signing such forms for low paid employees.
Help please.
Thanking you all,
Yours faithfully,
Ritesh Ranjan
Sudhir Kumar, Advocate
(Expert) 07 May 2015
Talax.
If you are victim of fraud you have a right to prosecute. But for examining prospects of such prosecution you need to give clear facts.
You are not able to describe facts in straight manner.
(i) who committed fraud?
(ii) how committed fraud?
(iii)what document he signed?
(iv) for whom he signed?
(v) how the documents were false?
(vi) to whom he submitted documents?
(vii) what benefit he derived out of the transaction?
(viii) what harm you faced out of the transaction?
Sudhir Kumar, Advocate
(Expert) 07 May 2015
Apart from above ambiguities, you have conveyed that it is a loan matter from Govt bank.
(i) loan is for how much amount?
(ii) in whose name?
(iii) for what purpose one was taken
(iv) actually taken by whom?
(v)How amount delivered to imposter?
(vi) Did the bank not verify the identity of the actual applicant.
All these questions will be asked to you by the Police Officer (IO), who may be just ASI (or even lower), who may SI(DR) qualified as MA LLB or may be just a IIIrd division matriculate from a vernacular medium school of a remote village and you have to make him understand the facts so that he can make a case.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
Further you have not even stated whether the person is State/Central Govt employee.
Guest
(Expert) 07 May 2015
Mr. Ritesh Ranjan,
When your answer is negative to my questions that clearly indicates that you have no concern with the issue. So, you can't do anything to prosecute the DDO and you are not authorised to know all the process to prosecute him. If still you insist to know the procedure, you nust hire services of some local lawyer to discuss your issue threadbare as you are not entitled to take free service from the experts just to help you to harm someone, from whose hands you have not got any harm in person.
So far as your information is concerned that many of your "Employees Union Members has taken his help in their harsh times to avail loan, after offering him commission /bribe," at first you have not stated anywhere in which capacity of the union office bearer you have raised such a query, having no personal concern of yours with the issue.
Secondly, those of your union members can also be prosecuted for offerring bribe and becoming a direct cause of corruption and fraud. ARE YOU PREPARED FOR THAT?
In fact, what I guess, your intention seems to be of taking some revenge from the said DDO, as if he has not obliged you to fulfill any of your need or for not yielding before your balckmailing tactics against him.
Rajendra K Goyal
(Expert) 07 May 2015
Consult a local lawyer and discuss all aspects in detail.
malipeddi jaggarao
(Expert) 08 May 2015
Signing the papers submitted to the Bank for loans of their employees, DDO need not sign, he can delegate to his subordinate. You being the union leader, can straight away take up the matter with the management if you find hanky-panky. What papers he might have signed? Only the salary certificates and undertaking to deduct the EMI from salaries of employees and remit them to the Bank. Once the Organisation acts upon such deduction and send the amount to the Banks, where is the question of fraud? Union leaders should educate their members not to give any bribe, instead of allowing a crime and chase afterwards. According to me no fraud is committed simply a subordinate (who might have been authorised by DDO) signing the loan papers representing the department. Union leaders should not try to victimise the persons whom they do not like. They should have guts to fight back against corruption. They should discuss with the Management to correct the wrong methods instead of trying to implicate them.
RITESH RANJAN
(Querist) 08 May 2015
Respected Shri Dhingra Sir,Shri Jaggarao Sir Shri Sudhir Sir... after going through Dhingra Sir's comment... earlier I was in a state of shock... then I am introspecting... though I will surely go for justice... but upon vow I submit before you learned elder.. I have nothing to do with any sort of blackmailing... I have/had never ever wished any favour from the subject person... Kindly grant me time till tomorrow 2000 Hrs. to reply as I am shocked due to such apprehensions... I have just placed a question before Jurists and Lawyers.... But, what I got was question upon my intention.... Simple question was IF A PERSON WHO IS NOT AUTHORISED TO SIGN ON A DOCUMENT DOES SO THAT ALSO WILLINGLY IS LIABLE FOR LEGAL PROSECUTION OR NOT ? IF YES, HOW... IF NO, WHY ?
Guest
(Expert) 08 May 2015
Mr. Ritesh Ranjan,
My simple answer to your simple question was when you are not concerned with the problem, "you can't do anything to prosecute the DDO and you are not authorised to know all the process to prosecute him. If still you insist to know the procedure, you must hire services of some local lawyer to discuss your issue threadbare as you are not entitled to take free service from the experts just to help you to harm someone."
My other simple answer in the shape of my question was, "you have not stated anywhere in which capacity of the union office bearer you have raised such a query, having no personal concern of yours with the issue."
But, if you are shocked with my answer, it is your own problem, when you try to conceal the real facts from the experts. That aspect in itself raises several doubts about the likely hidden intentions of the querist in the minds of the experts.
So, now my another simple answer is that you should not have expected the experts to help you in harming others.
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
I agree with the observations and opinions of expert Mr. Dhingra and that of Mr. Malipeddi Jagga Rao. The author draws a blank after having been pointed out of his intention behind his query. this place will not entertain a person who is approaching here seeking ideas to harm others legally.
The author is welcome to give his justified version anytime shortly.
Sudhir Kumar, Advocate
(Expert) 09 May 2015
repeated
http://www.lawyersclubindia.com/forum/How-to-prosecute-an-impersonator-120552.asp#.VU1xKfCupVI
RITESH RANJAN
(Querist) 10 May 2015
Respected Jurists/Experts,
At the onset, I admit that it's very true saying when I point a finger to some one other three remain pointed towards my self bonded by the thumb. I submit before Shri P.S. Dhingra that I am serving my Union in the capacity of Regional Joint Secretary.
2. Before respected Adv. T.Kalaiselvan Sir I submit that my intention behind placing this query before this Expert panel was neither due to personal vengeance nor I had/have ever approached any official for any personal favour as it's against my core nature and being a Joint Secretary of an Employees Union I need moral clarity to stand before evil and injustice.
3. Most importantly, it is to submit before you all that I wish to get this person's act verified before legal recourse because his exploiting and arbitrary acts. By signing subject cited documents for which he is not entitled nor delegated for so, he acts to weaken the Union and gets inside stories from the poor beneficiaries just to communicate the Management.
And as concluding submission I offer you all my sincere most gratitude for your valuable time and guidance.
Yours faithfully,
Ritesh Ranjan
Sudhir Kumar, Advocate
(Expert) 10 May 2015
If you want solution then why do not you reveal facts of the case.
i) who committed fraud?
(ii) how committed fraud?
(iii)what document he signed?
(iv) for whom he signed?
(v) how the documents were false?
(vi) to whom he submitted documents?
(vii) what benefit he derived out of the transaction?
(viii) what harm you faced out of the transaction?
(ix) loan is for how much amount?
(x) in whose name?
(xi) for what purpose one was taken
(xii) actually taken by whom?
(xiii)How amount delivered to imposter?
(xiv) Did the bank not verify the identity of the actual applicant.
RITESH RANJAN
(Querist) 10 May 2015
Respected Sudhir Kumar Sir,
My question pertains to an office under Central Govt. Now following are the answers for kind guidance pleas :
Ans (i) An Officer committed fraud.
(ii)He is neither any way concerned to the accounts section nor he has been delegated powers to sign as the DDO.
(iii) He signed a document necessary for availing personal loan from a Govt. bank as DDO where in he undertook to deduct the EMI fixed by the bank and bound himself to inform the bank in case of transfer or death of the borrower. How he can undertake to deduct EMI from the salary of the borrower/s ?
(iv)For low paid central govt. employees who were in need of money he signed as the Accounts Officer or the DDO.
(v)Signed by a non-entitled officer makes the document false, doesn't it ?
(vi)He submitted the documents to the Bank.
(vii)No concrete proof or evidence is there that he has derived some benefit out of the transaction but, I have come to know from many staff that he took some commission for signing.
(viii) He caused me no personal harm, but didn't he cheat a bank which runs on public money.
(ix) The subject loan/s ranged from Rs. 50000/- to Rs. 4,00,000/-
(x) In name of the applicants as I mentioned above low paid govt. employees.
(xi)The purpose/s for loan/s varied from medical, purchase of vehicles, domestic needs etc.
(xii) The loans were actually taken by the applicants.
(xiii) As I have mentioned above there is no concrete proof that the commission was delivered to the imposter.
(xiv) Yes, indeed the bank verified the identity of the actual applicant and found it in order as they were genuine but the subject officer is not genuine DDO.
Hope sir, this helps you in analyzing the query and delivering a solution if you please.
Thanking you,
Yours faithfully,
Ritesh Ranjan
SAINATH DEVALLA
(Expert) 10 May 2015
The querist though a knowledged person either academically or professionally is testing the caliber experts to the maximum.
Guest
(Expert) 10 May 2015
Sainath ji,
He is not testing the caliber of experts, but I feel he is continuing to tell lies one after the other only to justify his academic query.
First of all he cannot be expected to be a Government employee, what to say of a Regional Joint Secretary, as he claimed, who does not know the procedure of Government offices how to get nabbed the so called fraud DDO, when a person is openly signing documents in the capacity of a DDO. A Government department, more specifically, belonging to Central Government, has a well established reporting and investigation system. Any fraudester has to come to light one or the other day even without reporting. The querist, instead of asking question here should have approached the related Government Authorities.
Secondly, he cannot be expected to be a Regional Joint Secretary of the union. If that be, he can only be a senseless office bearer of the union, who does not have even the slightest common sense and vision to think that his bid (false or true) to implicate the so called DDO, would prove to be quite harmful and even fatal to the services of his own union members, the so called low paid employees, making them also implicated enblock in the mass scale fraud, if actually there is any.
Thirdly, if he talks about prosecuting the impersonator, he does not even know that he does not have any authority or position to prosecute anyone in the capacity of a Government servant or a union office bearer. In legal sense, he cannot be anyone else (Govt. employee or Regional Joint Secretary), except a law student, more so when he classifies his query under the category of criminal law. He does not seem to have any knowledge about departmental rules, regulations and procedures, if he claims to be a Government servant.
Fourthly, he is also probably not aware of the fact that the bank would never advance loan of an amount of 4 lakhs to any low paid employee on account of lack of his repaing capacity for EMIs.
SAINATH DEVALLA
(Expert) 10 May 2015
At least now if he is able to digest the opinions of the experts he should either stop further continuation of the query or come out openly about his intentions.
RITESH RANJAN
(Querist) 10 May 2015
Respected Shri P.S. Dhingra Sir, I am not testing the caliber of Experts. This is the forum which on many occasions has guided me. So, a person having slightest sense of gratitude (can I claim to be) would never think even to try so.
(2)Indeed I deserve to be so am elected not nominated as Office Bearer of my Union and with all senses active for my members that's why the original query was before the experts to examine. But, I admit that my apprehension regarding getting my members implicated in proposed lawsuit has got tighter hold over my thoughts after getting through your para (2).
(3) I admit that I don't find myself a complete authority over Govt. rules and regulations even after being in a decorated service with Cash Awards and Gold Medal from the Govt. of India for more than 10 years with all my dedication.
(4) At the concluding, juncture with heartfelt thanks to all experts I do hereby STOP further continuation of this query with a hope that in future, your valuable guidance will be available, if any situation warrants so.
Thanking you,
Yours faithfully,
Ritesh Ranjan
Guest
(Expert) 10 May 2015
OK,
The nature of your query in itself was quite irrelevant causing so many doubts. You have sufficient appropriate channels of your own department to get the matter investigated. If competent authority finds the matter justified for prosecution, even he can also not directly prosecute the officer, except by taking help of the police.
SAINATH DEVALLA
(Expert) 10 May 2015
Ritesh Sir,
U cannot just keep on provoking the experts with UR irrelevant and unwarranted replies.U have been adequately supplied inputs by all the experts who have answered.Hence U may stop responding in a manner which is not proper for a person who claims to be a translator in a central govt org.Use of proper language is essential for anyone who authors a post.
Sudhir Kumar, Advocate
(Expert) 10 May 2015
Now you have given some facts o the case which I believe to be true.
It appears you have a personal grudge and want to teach lesson to one person only. if facts given by you are true then there is a band of अलीबाबा चालीस चोर and you want only one of them to be punished. This doe snot happen.
(I) How much is the total quantum of loans.
(II) whether these were from Govt bank and from same branch.
(III) Have the concerned employees actually took loan based on fraudulent papers.
(IV) Has each of them reported transaction to the deptt within one month.
(V) Has each of them refunded loan.
(VI) if defaulted what action bank has taken to recover from each one.
(VIII) How matter came to notice of deptt
(IX) what action deptt has taken.
(X) Any PDC bounced, if so what action taken by bank.
