Action against in-laws
anantha madhav
(Querist) 30 May 2011
This query is : Resolved
Dear Ld members,
The competent aurhourity is not taking any action. Can we try a complaint to vigilance Commission on state govt 498aFIL?
as mentioned hereunder:
1. U/s 10 for abetment[when giving dowry] for section 8 & 9 as provided in Prevention of Corruption Act, 1988
2. U/s 25A for msiconduct
[for giving dowry to daughter, as mentinoed in FIR/LW Statements/Chargesheet]
as provided in Andhra Pradesh Civil Services (Conduct) Rules, 1964
3. U/s 9 for msiconduct[for not informing about Acquiring or disposing of immovable/moveable property (Annexure-I, II)] as provided in Andhra Pradesh Civil Services (Conduct) Rules, 1964
If so,
complainant[myself] presence is required to give a complaint in the State vigilance Commission or a complaint-letter with enclsoures
[FIR/LW Statements/Chargesheet] sent through speed post would do.
Advices please.
Guest
(Expert) 03 June 2011
You seem to be quite eager to involve the Government employee from all sides, whether justified or not.
You must know that when police inquiry is pending no departmental inquiry can take place during the pendency of the police enquiry or the judicial case.
Moreover, it is not within the competence of any departmental authority to take any action under any section of any Act, unless specifically provided as misconduct in the departmental conduct rules. Even if you make any complaint to the State Vigilance Commission, no action would be taken since the case is sub-judice.
anantha madhav
(Querist) 03 June 2011
Sir,
The POLICE investigation is completed and charge sheet is submitted 6 months back
to your statement in 3rd para
@ unless specifically privided......
if you exempt prevent corruptiion act
still
2. U/s 25A & U/s 9 are very mich comes under conduct rules as per Andhra Pradesh Civil Services (Conduct) Rules, 1964
now advice please
Guest
(Expert) 03 June 2011
You may mention specific Rule of the AP Civil Services (Consuct) Rules, not the sections of the Act. Where you quote any section of any Act that makes the case beyond the jurisdiction and competence of any departmental authority. Only Police or the Court can take cognizance under the provisions of Acts of law.
anantha madhav
(Querist) 03 June 2011
Sir
thank you for you valuabale suggestion
You mean
if i mention rules of sate Civil Conduct rules it is under pruview of the competent authourity?
if i mention section of the Act it is under pruview of the POLICE and COURTS?
FYI
i have already filed a complaint[given month back] vide rule 25A and 9 of APCCS Rules to the Competent Authourity [Dist Educational officer] to take necessary action, but they did not take any cognizance till date.
now please suggest what to do sir?
