Anonymous complaints
Nirmal Singh
(Querist) 25 December 2013
This query is : Resolved
what is the legal value of anonymous complaints..? whether any supreme court judgement/authority on anonymous complaints, having baseless allegation without any even hidden fact....The accused of 409 IPC,arrested by me, after knowing the fact, I have completed investigation against him as he has committed an offence punishable u/s 409, 201, 166 IPC and I will recommend more and more departmental action against him including registration of another FIRs regarding misuse of his official position and misappropriation of official confidential record, and he can be dismissed from service. he started making anonymous complaints against me leveling false and baseless allegation...
Devajyoti Barman
(Expert) 25 December 2013
Anonymous complaints do have importance only if on the basis of it a inquiry is initiated and the person complained against is found guilty.
You can do nothing to stop complaints coming in your way even if the those are anonymous.
Nirmal Singh
(Querist) 25 December 2013
he leveled allegation like this, he has crores of rupee in my account , one house ,one car, he did not arrested a person in an investigation conducted by me 14 years ago..( in which An ASI changed the place of occurrence from Haryana to Punjab to get promotion , I investigated the case in result forfeiture of ASI's two years service) I was forced to falsely implicate two person in this case which I refused by saying that first you have to withdraw your order of punishment to ASI,like this...a case under section 306 is registered against me..( the fact is that cancellation report has been submitted and I never applied for bail,and I remained on duty all the time. the criminal head constable committed suicide when I recommended his dismissal from service besides recommended registration a criminal case u/s 420,406, 467, 468,471 IPC in 2012 and 4 Departmental inquiries...
Devajyoti Barman
(Expert) 25 December 2013
let him complain, if you are innocent nothing to worry.
malipeddi jaggarao
(Expert) 26 December 2013
Your department will not take cognizance of such complaints unless some prima facie evidence is found to substantiate the allegations. Need not have to worry much.
Rajendra K Goyal
(Expert) 26 December 2013
In most of the govt. departments, anonymous complaints have existence. Sometime these have revealed big frauds.
It is departmental policy how it treat the anonymous complaints. Surely if you are innocent nothing to worry.
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
The anonymous complaints are social evils in disguise and prevail everywhere whether government office or any private Company/PSU/Corporate Sector etc There is no remedy for this evil disease. Very important is, it will be known only it appears and it will appear suddenly without any symptom. If your department higher officials are aware of your integrity and sincerity, you do not have to worry about the inquiry and other follow up action. Such situations are not new to you, this might have happened earlier too, where you would have solved the issues at ease, so with the experience, handle this also easily.
Nirmal Singh
(Querist) 27 December 2013
In this case my immediate boss an S.P rank officer is mixed up with the accused.I had already brought this fact into the notice of Addl. D.G.P to whom investigation has been entrusted by the high court later he deputed me to investigate the case.....The high court ordered the transferred of investigation with a direction that investigation should be free from all type of influences, The Addl. DGP FORMED AN S.I.T under his supervision , but the S.P is unsuccessfully stabbing in the back of Addl DGP by putting unsuccessful pressure on me to remove certain documents which goes against the accused, I suspect strongly that he is also behind the anonymous complaint. That's why he is mentally torturing me each and every day for not bowing to his pressure...
Guest
(Expert) 27 December 2013
I endorse the views of Mr.R.K.Goyal
Devajyoti Barman
(Expert) 27 December 2013
Since the SIT is formed under the direction of High Court, you have a very good reason and opportunity to bring these influences to the notice of the high court.
This should solve your problem.
ajay sethi
(Expert) 27 December 2013
agree with experts
Nirmal Singh
(Querist) 28 December 2013
I have recorded each and every conversation of S.P with me ,in which he is threatening me with dire consequences including suspension, forfeiture of service, beside I have written evidence against him in which he directed me not to include this or that, after filing the Challan I will file writ petition and seek protection.including transfer of trial from Punjab to Chandigarh etc.
Rajendra K Goyal
(Expert) 28 December 2013
Police has been harassing the innocent and how people feel when harassed, you must be feeling because you are sailing in the same boat at present. Hope it would encourage you to be impartial in investigations.
Nirmal Singh
(Querist) 28 December 2013
Thank a lot...I always remained impartial in investigation.in one such example I was given written order to get a Tehsildar discharged from a case under corruption act but I refused that he will be challaned, after ten minute I was repatriated to my parent deptt. from Vigilance Bureau, The said Tehsildar taking a plea for discharging him , the plea which had already been rejected by Hon,ble High court by imposing a cost of ten thousand and also dismissed in LPA...
Guest
(Expert) 28 December 2013
Good to know this good to have atleast few people like you in Dept
Devajyoti Barman
(Expert) 29 December 2013
Stick to your principle. The Lokpal would be a great relief for honest officers like you.
Nirmal Singh
(Querist) 31 December 2013
ME also waiting for the Lokpal....Thanks a lot......I am grateful to all of you...
Vidhi Joshi
(Expert) 01 January 2014
If the matter is of immediate concern, the department may take serious cognizance of whistle blowers complaint.
Nirmal Singh
(Querist) 07 January 2014
Yesterday I proved in the court that the anonymous complaint was made by the accused and requested the court to reject the bail application of the accused.court reserve its order for tomorrow.
Guest
(Expert) 07 January 2014
Let us also know the out come
Nirmal Singh
(Querist) 10 January 2014
The Hon,ble Judge took serious note of anonymous complaints by the accused but also raised a debate able question that whether misappropriation of Govt. official documentary record falls under 409 IPC or 406 or otherwise, whether official record can be considered as Govt. property as defined in section 409 IPC? The public prosecutor told the court that it is breach of trust and is Govt property but did not mentioned any Supreme court authority in this regard.due to this confusion over the definition of Govt property the court today confirmed the interim bail granted to the accused.
venkatesh Rao
(Expert) 12 January 2014
The court has correctly done it.
Devajyoti Barman
(Expert) 12 January 2014
Ok, now the chapter is closed.
Concentrate to trap him during trial by collecting all evidences.
Nirmal Singh
(Querist) 12 January 2014
The court raised one question whether official record is a govt. property? and this case falls under 409 IPC. Kindly suggest me in this regard keeping in view of R.K Dalmia vs Delhi Administration decided on 5/04/1962..AIR 1962 1821, 1963 SCR(1)253
Devajyoti Barman
(Expert) 12 January 2014
you are replied on this account in another thread of yours.
Nirmal Singh
(Querist) 12 January 2014
I am grateful to all of you..Thanks a lot..
