Pcr complsiny
gopinathan
(Querist) 24 October 2014
This query is : Resolved
Sir
A Block Dev Officer assign a duty to his subordinate. Soon after a phone call came from local police station on 15.9.2014 that "your subordinate file a PCR complaint against you".That subordinate is a district bearer in a staff association. Asst Commr collected the materials related the action taken against him such as disobidience etc. The BDO already filed a private petition against him in JM court u/s IPC 211(false charge of offence made with intent to injure) 383,384(extortion) 499,500(defamation) 506(ii)(criminal intimidation).This case is under trial.The BDO submitted all materials against him. (these type of govt servants wants salary without attend duty. He expects not to service public or obey his head of office and threaten like this) No further call from authorities. What will happen next?
Anirudh
(Expert) 24 October 2014
JM will take up the complaint; record pre-summoning witness of the complainant; and if satisfied will issue process for continuing the case.
Wait and watch.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
It is not know what complaint was filed against BDO. WHther complainant wanted to vindicate his official or personal conduct in court.
But complaint filed by BDO appears to be of vindicating his official conduct in court.
If so he needed permission of the competent authority before filing such case failing which he is liable for disciplinary action.
Please come clear if facts are contrary.
Rajendra K Goyal
(Expert) 24 October 2014
Consult a local lawyer and show him all the documents.
gopinathan
(Querist) 08 December 2015
A PWD Drawing officer joined in a new station on 29/6/2015.A contractor furnished a work bill and M.Book dated 22/6/2015 for payment of 549000/- on 12/8/2015(51 days by late). The DO verified online and found that the bill was paid and shown expenditure as Rs.550000/- through Vr.No.29/5/2015.(In this date he was in some other station). The DO refused to make payment to the contractor in the present date.(12/8/2015) But actually payment was not made as per cash book wherein online shows contra. In this situation Contractor complained against DO for illegal gratification and DVAC trapped the DO on 20/8/2015 then imprisoned and suspended.
Actually the original bill and M.Book were lost by the predecessor. With a malafide intention hide all these facts, Engineer prepared another M.Book and bill which were contra to online data(based on this authenticated data and discrepancies of the duplicate bill and M.Book, the DO refused to sanction the bill)
Investigation is under process. Charge sheet not filed. In this circumstances the DO wants to quash FIR u/s 7 of PC ACT and seeks for departmental inquiry. Will it be possible?
