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SV (NA)     29 January 2014

Fir to estranged wife govt office

Sending FIR & Chargesheet to estranged wife govt office is regarded as Crime? 

My estranged wife took my job by sending false mails and accusations in 12 different TV channels by falsely implicating me and my 5 family members in 498a and DVC. Sometime back, she sent obscene and threatening sms to me for which I filed FIR under Section 66, ITA for which she was arrested and procured bail.

Now, I sent FIR and Chargesheet to her Government office to her directors and seniors. Want to know what reactions and fire she will emit on me.

Kindly understand and advice brothers. Thank you a ton !



 14 Replies

Sudhir Kumar, Advocate (Advocate)     31 January 2014

Qury is nto clear what charges you want to share with department

 

you can submit a complaint to the deptt if the material before you is (though having criminal angle) is pertaining to violation of Govt conduct rules.

SV (NA)     31 January 2014

Dear Sir,

Want to share the criminal aspect of my estranged wife threatening me with obscene and threat based sms to spoil my sister marital terms in her household.

My estranged wife is charged with U/S Sec-66 of IT Act-2000 for which she was arrested by police and took bail. Subsequently, 2.5 yrs she filed 498a, DVC, RCR and Return of Dowry all of them one by one on me to settle scores with me and now she wants to come back for which she sents sms and calls abusely.

What action will the central govt officials take on her for such a crime committed for being in post of a scientist from 05 yrs in Delhi with agriculture ministry? Kindly be precise. Thx a ton !

Sudhir Kumar, Advocate (Advocate)     31 January 2014

fighting against dowry injustice is no misconduct for Govt servant.

 

Lakc of integrity or morality in public life can be misconduct but it is not clear what material you have.

SV (NA)     31 January 2014

Am confused what u wrote. I dont know what u think of action to the FIR sent to estranged wife.

Sudhir Kumar, Advocate (Advocate)     01 February 2014

Come out with facts of the case.

MPS RAMANI (Scientist/Engineer)     05 February 2014

Under Government Servants' Conduct Rules, if she was arrested and detained for more than 24 hours she can be suspended. But you say that she has been released on bail. Has her arrest gone on record in her personal files in the Government Office. If not you can bring it to the notice of the Government.

She has only been released on bail. She has not yet been acquitted. Under the Government rules if she is due for promotion, it will be withheld until the final outcome of the case is known.

But as anywhere else in Government office also people will not be knowing law and rules and by default she will get promoted. You will have to hire a knowledgeable lawyer, who digs out the rule and send to the Government

MPS RAMANI (Scientist/Engineer)     05 February 2014

Under Government Servants' Conduct Rules, if she was arrested and detained for more than 24 hours she can be suspended. But you say that she has been released on bail. Has her arrest gone on record in her personal files in the Government Office. If not you can bring it to the notice of the Government.

She has only been released on bail. She has not yet been acquitted. Under the Government rules if she is due for promotion, it will be withheld until the final outcome of the case is known.

But as anywhere else in Government office also people will not be knowing law and rules and by default she will get promoted. You will have to hire a knowledgeable lawyer, who digs out the rule and send to the Government

Sudhir Kumar, Advocate (Advocate)     05 February 2014

I partially agree with Dr Ramani

 

As per rules the Government servant if detained beyond 48 hours she is not liable to be suspneded rather deemed suspended

 

If released on bail the Government servant has to inform the department and non-intimation is a misconduct.

 

for further discussion come with facts of the case

SV (NA)     05 February 2014

Thanks to Dr. Ramani and Mr.Sudhir Kumar for valuable inputs on the case.

Yes, it was categorically mentioned in the chargesheet filed by PS on " accused getting arrest from home and sent to judicial remand. Also mentioned the accused was charged with U/s 66A IT Act for sending lewd & threatening SMS to spoil my sister marriage of alleged elicit intimacy. Hence the charge. Want to know what action may be initiated against me as I come to know she is contemplating of filing FIR in delhi ( jurisdiction is AP) for mental harassment and god knows what all. 

Want to be prepared of the actions for healthy counter attack. Thank you all !!!

Sudhir Kumar, Advocate (Advocate)     08 February 2014

present query is vague.

SV (NA)     08 February 2014

My query is still same. Kindly address this please.

1. Want to know if I sent FIR and Charge sheet copies to Govt office/ Seniors what are the consequences I might have to face for intimating govt office? Does it have adverse affect on me ?

2. Does this FIR of Sec-66 - IT Act help in my 498a trials and Divorce hearings as she sent lewd messages and threat calls. I am also in the process of defamation after my 498a trials are over in the end.

Thank you for your time !

Sudhir Kumar, Advocate (Advocate)     08 February 2014

you face no consequences for reporting facts to the Govt particularly when you are reporting a misconduct. It appears there are more facts which cause worry to you but not shared here. Hence query is vague.

 

Sudhir Kumar, Advocate (Advocate)     08 February 2014

how far the FIR (the contents of which are not known to this forum) can help you in 498a case (facts of which are not know to this forum) is a matter of imagination for someone who has not seen all the papers.  Hence query is vague.

Sudhir Kumar, Advocate (Advocate)     26 November 2014

instead of clarifying facts a new thread is opened.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=96785&offset=1#.VHU53WeO5G0


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