Is this fir ok
Manoj Deka
(Querist) 09 June 2015
This query is : Resolved
From, Date_____/06/2015
mmmmm
Police Station
Subject: Please Register FIR or NC as the facts of the case indicate.
Respected Police Officer,
With this letter I request you to register the complaint either in the form of F.I.R. or N.C. Since some serious breach of trust has been done by the then Executive Engineer (Sjjj) of PWD kkkk who is now posted at Addl. Chief Engineer office .
The F.O.C. (1) BT/1233/2012/21 dated 09/07/2012 for Rs.24.295 (L) and (2) BT/1234/2012/15 dated 09/07/2012 for Rs. 24,356 (L) paid to contractor for such a work which was never executed the amount of both the FOC issued for payment of (DRT Road) the portion of the road for which the payment granted actually completed under PMGSY scheme as such again financial demand under separate head of account by the E.E. is a serious breach of trust.
Another F.O.C. No BT/1233/2012/16 dated 29/03/2012 was also issued for the same road i.e. DRT road on the same chainage in the month of March 2012 this payment was made illegally to contractor on the portion of the road which was actually constructed under the PMGSY scheme, for PMGSY work payment was made from the PMGSY account even though the then E.E. again placed demand for release of fund from another head of account keeping the Govt. in dark that the work was completed under the PMGSY scheme and illegally made payment to contractor.
Thus serious anomaly was done by then Executive Engineer Sri . .
This is for your kind information and necessary action please.
Thanking you,
Yours faithfully,
(Sri Manoj Deka)
Sudhir Kumar, Advocate
(Expert) 09 June 2015
poorly drafted.
Nothing known in one reading as to who committed which offence and how, against whom.
A wise policeman will never register it unless interested in harassing the complainant.
SAINATH DEVALLA
(Expert) 09 June 2015
This complaint should have been given to the Chief Engineer's Office and not the Police.
Now dear querist, What's UR interest in giving the complaint?Were U part of the team executing the work or a layman witness to the work done.?
No where in the complaint U have mentioned UR status,as to who U are.
But UR complaint states that U are very much a part of the team as U have given every work done in detail.
Clarify
Manoj Deka
(Querist) 09 June 2015
Respected sirs
My interest are to send the culprit behind jail. yes sir I m too contractor but take work participating in open tender process never involve in pocket tender process. I am against corruption so I am not welcomed by some officers it is only me that I have made those corrupt officer to make open tender process rather giving them a chance to offer contract work to their beloved one I know some details because one officer informed me about the case but he was transferred immediately while he made inquiry regarding the matter and other officer reported to the Chief Engineer that Govt. level inquiry is going on but it is almost three years no action is initiated so I want to sew the racket in court keeping aside the threaten has come to my life. is it not my duty to harass those culprit and compel them to face trial Please guide sir.
Sir my English are not good so poorly drafted whatever I know I have tried to bring before you for your guidance please.
SAINATH DEVALLA
(Expert) 09 June 2015
So U R the aggrieved, and a contractor too who has been deprived of the contract by unlawful means,ok.But I feel U may not get the desired solace because whatever U intend to is purely personal and not connected legally to be answered by the experts at this stage.
Manoj Deka
(Querist) 09 June 2015
Sir Sainath I am deprived that is another thing but near about Rs. 1 crore has been siphoned from public money is it personal ?
Rajendra K Goyal
(Expert) 09 June 2015
Take help of local lawyer and move systematically through draft plugging legal loopholes.
Sudhir Kumar, Advocate
(Expert) 09 June 2015
even if it is not personal still you are not bale to explain the issue.
Manoj Deka
(Querist) 09 June 2015
Respected Goyal Sir I am in contact with local lawyer they advised me to file FIR at PS after that if police do not take any action then they will appeal before hon'ble court. therefore I need help from expert like you to make the fir affective. of course final draft of the FIR will be done in consultation with local lawyer but before that expert openion is solicited.
Manoj Deka
(Querist) 09 June 2015
Respected Sudhir Sir, Issues are siphoning of money by Government officer who are intrusted with government/ public money. Demand for fund to release payment towards contractor in erroneous way. all the payment made to contractor for no work. I can say no work because the road are black topped (Bituminous) road the officer ordered the contractor to spread gravel now question is how gravel can be ordered on a black topped road.
SAINATH DEVALLA
(Expert) 09 June 2015
Mr.Manoj,
UR private complaint in the PS will have no bearing on the irregularities if committed by the concerned authorities or the contractor.It is the Department which has to take action on them,if they have deviated from the work schedule.Hence it would be better if U could bring the matter to the notice local Govt,with adequate proofs.
Sudhir Kumar, Advocate
(Expert) 10 June 2015
I slightly differ with Mr Devalla.
You are probably raising an issue for criminal action under Prevention of Corruption Act.
I agree that Thana (besides CBI and Vigilance Bureau) is also competent to take action under this act and the IO to be of the level of DSP. But Police never takes such action and dubs it as depttl issue. They generally do not have expertise of wherewithal for such action. They also lack drive to do so. All policmen are not trained to do so.
further suggestion could be given if you could indicate whether the dpett is of center/state.
SAINATH DEVALLA
(Expert) 10 June 2015
It is the Pradhan Mantri Gram Sadak Yojana,though a Central Govt sponsored scheme is executed by the state govt agencies.
Manoj Deka
(Querist) 11 June 2015
Sudhir Sir it is a State Govt. organization (Public Works Department) please advice ahead.
Sudhir Kumar, Advocate
(Expert) 11 June 2015
whether the state govt has by notification coferred jurisdiction to of CBI to state employees? ask CBI unit.