Prevention of corruption act and 409 ipc

Anand Mohan Pathak (Querist) 21 December 2014 This query is : Resolved
WIFE AND HUSBAND BOTH ARE PUBLIC SERVANT HUSBAND IS EMPLOYEE IN RBI AND WIFE IS IN EDUCATION DEPARTMENT IN UP .BOTH LIVES IN GOVERNMENT ALLOTTED HOUSE TOGETHER AND THE SAME TIME WIFE BEING HOD OF EDUCATION DEPARTMENT IN UP SANCTIONED HOUSE RENT ALLOWANCE FOR HERSELF AND RECEIVED FOR MANY YEARS. AFTER COMPLAINT SHE DEPOSITED RECEIVED HOUSE RENT ALLOWANCE TO GOV.
A FIR IS BEING REGISTERED AGAINST HER UNDER SECTION 409 I.P.C AS WELL AS PREVENTION OF CORRUPTION ACT.
BUT ACCORDING TO MY OPINION both sections are opposite to each other one disproves other Kindly give your precious comments sirs....

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Guest (Expert) 21 December 2014
You have not quoted sections of PC Act. Any reason for that?

What exact difference you have noticed in both sections? How anyone can know what contradiction you have observed, when you say, "both sections are opposite to each other one disproves other", and also have not noted the section No. of the PC Act?

Devajyoti Barman (Expert) 21 December 2014
vague query.....

Anand Mohan Pathak (Querist) 22 December 2014
Dear Sir, in PC Act sections are 13(1) (d)

Guest (Expert) 22 December 2014
You have not replied my query, "What exact difference you have noticed in both sections," so that anyone can express his views on your own interpretation, whether correct or not.

Rajendra K Goyal (Expert) 22 December 2014
Author,

Reply the questions from expert PS Dhingra.

KUMAR JAGADEESAN (Expert) 22 December 2014
With the facts given I feel neither the criminal breach of trust of a public servant and PC Act is applicable. This is only a case of availing benefits wrongly under a revenue Act (IT Act) and at best may be a civil misdemeanor . See however the service rules applicable to the public servant if any wrongs have been committed which are punishable under the service rules

T. Kalaiselvan, Advocate (Expert) 26 December 2014
You may reply to the queries raised by expert Mr.Dhingra if you are interested to know experts opinion to your query.