Regarding railway administration


owing to the complaint lodged by KAMAL KUMAR MITRA (working as O.S. grade II, attached to ACME Section under control of Workshop Personnel Officer, Kharagpur Railway Workshop and under the administrative control of General Manager, South Eastern Railway, 11 Garden Reach Road, Kolkata 700043) to kharagpur Local Police Station on 21.06.2012. Police has framed a charge (No. 279/11) againist us U/S 498A/506/34 I.P.C & u/s ¾ DOWRY PROHIBITION Act. The proceeding has been started in the court of Ld. Chief Judicial Magistrate, paschim medinipur WEST BENGAL. (Copy of Charge Sheet enclosed)

Translation of complain from Bengali to English lodged by Kamal Kr. Mitra to Kharagpur Local Police Station, Dist-West Medinipur, State- West Bengal i.e., On 20.05.2011 registry marriage took place. According to the demand of bridegroom and his family they took Rs.90000/- cash and 20 Bhories of golden ornaments etc. and on 20.06.2011 the date of social marriage was fixed…etc.

In this context it is significant to note that as per sec. 13A of RAILWAY SERVICE (CONDUTC) RULES, 1966 - 13A. DOWRY, No Railway servant shall give or take or abet the giving or taking of dowry.

Regarding this ground several RTI and appeal has been made so far to South Eastern Railway Administration. But Railway Administration is not taking any action against my FIL KAMAL KUMAR MITRA.

Regarding a correspondence or RTI CPIO (B.Prabhakar, Kharagpur Workshop & Dy.Chief Mech. Engr. Prod S.E.Railway/Kharagpur) replied that “Since, this being a dispute matrimonial case, no action was taken by the Rly. Administration. Hence, question for supply of documents does not arise”. A baseless and unsatisfactory reply. DOWRY this word only comes from matrimonial dispute only.

I actually want to initiate a DEPARTMENTAL INVESTIGATION OR DISCIPLINERY PROCEEDING against KAMAL KUMAR MITRA because he has violate Service Conduct Rules. So my question what will I do next, so that I can compel Railway Administration to take step against KAMLA KUMAR MITRA my FIL.


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Dy Director

If you feel you have mae a complaint (which I believe is only RTI aspplication) and action is not taken then file complaint against the administratin to CVO Railway Board and the CVC.

 

You cna also file writ mandamus in high court. 

 

But it is not a misconduct on the part of a Government servant (veven railway servant) if he is victim of dowry demand (what he alleges against you).

 
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@Querist,

 

If such things really happened to you, you have every right to ask railway to initiate a departmental action against your FIL, but unless the charges established, a person is always considered not guilty in Crminal law.Therefore,it would be unwise to insist any action at this time. you wait for the verdict and if he is found guilty you can go for it.

 

In case he is convicted in dowry cases and railways is still not taking action,go for PIL.

 

Hope that helps.

 

Note-This reply should be taken as per the declration given in my profile page.

 

Thanks,

Regards,

 
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Dy Director

what is the exact complaint (not RTI) you made

 
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Retired

You can't prove that it was demand for dowry.

 
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Dy Director

Mr Anil Aggarwal, The queriest is not even telling what is his complaint (not RT) so we cannot discuss at this stage what he can prove what he cannot.

 
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