False case by vigilance dept
gopinathan
(Querist) 30 January 2016
This query is : Resolved
A strict Drawing officer take legal action against contractor A B and C. In the meanwhile, based on a work bill submitted by Asst Engineer in the name of contractor A has recommended and wrote letter to district collector to release the fund 5 lakhs in July 2015.
Due to administrative malafide motiive contractor B with the conspiracy of Engineer and contractor A,C changed the entire documents at panchayat level in the name of contractor B.,i.e work bill, Measurement Book, and work order etc.
Now cont.A prepared to false complaint against the DO in August 2015 with the vigilance dept and the DO got arrested and suspended.
later the DO got the related documents with attestation under RTI Act from collector office originally prepared in the name of cont.A . Now the cat came out.
It is clear documentary evidence on hand that the cont.A B and engineer involved in personation, destruction of govt records, filing false complaint against the DO, conspiracy made out by contractors with related 5 officials, prevention of govt officer to discharge his duty etc.
Investigation under process. Charge sheet not filed.
The query is:
1)whether the DO can file to quash FIR under sec.7 under PC Act.
2)whether the DO can file criminal complaint and deformation against those fellows for the allegations mentioned in last para. If so to whom he should make complaint
3)whether he can be revoked for duty in this circumstances before this vigilance case completed
Sudhir Kumar, Advocate
(Expert) 13 August 2017
Anyone having sympathy with you may not be replying without seeing all papers.
Guest
(Expert) 13 August 2017
Dear Gopinath,
I can understand your plight. It usually happens in Government organizations, when comes the question of interaction with the contractors in connection with contractual obligation, their jealousy with other contractors and the attitude of Officers not obliging them with favours, while the subordinate staff also collude them in their activities against the officers at the helm of affairs due to one or the other reason on account of office politics.
I can fully believe your story due to the aforesaid reasons. But, your statement, "investigation under process. Charge Sheet not filed," is not needfully illustrated, as does not indicate investigation against whom, yourself or contractors, and which institution (vigilance, ACB or CBI) is investigating and charge sheet against whom not filed, etc.? That fact is very crucial, besides the present status of your own case, if filed under the PC Act or not, for the purpose of replying your questions.
