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498A_fighter (NA)     05 May 2014

Departmental action on govt emp for giving dowry

Hi,

As per BSNL CDA rules no employee should be given or taken dowry infact the employee should give the declaration to the company that that dowry was not given or taken in their childeren marrige.

 is there any instance where the action was taken for filling the 498A by claiming that dowry was give when we complaint to the concered in company.

 i have the given complaint with BSNL on the employee who himself given the statement is PS as well other familiy memeber that dowry during the marriage and the complaint was acknolwdged by the company.And subequently i ahve fillied the RTI to know th status of the complaint,i got reply saying that matter is under investigation.it's alomst nearly 2 year to complete since i gave the comaplint.recently i ahve send the RTI again to know the latest status for which i am yet to get the reply.

i would like to know whether if there is any other way to take it up leggaly by sending teh notices why no action is taken on the employee who himself is agreed and given the statment inPS which was recorded by IO that the dowry was given the in the marriage.

 also is there any way to procede legally on employee for not giving the declation that dowry was not given during the marrige to the company as well the concenred authority for not taking the declation as per CDA rules.

it may be time taking to get result but would like to knwo if there is way to procede legally.

thank in advance for your inputs.

 



Learning

 12 Replies

navdeep (ABM)     05 May 2014

i also complained abt my fil similarly coincidence is tht man is also in bsnl. i hv alsow askd abt the details he shown as per cda rules. status till date is same as urs. if u find any way plz let me also aware f it. thanks

498A_fighter (NA)     06 May 2014

Navdeep- have you gone for second appeal with RTI ...if so what was the result? i have appeled for second appeal also with RTI is coming for hearing next week.let's see what will be the outcome.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 May 2014

Many people have complained in this regard. In some instances notice has been issued to the government employee.

 

 

However, I am not aware of any success stories in this regard.
 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

There are instances of such matter coming to the knowledge of the top brass of the governmental organization, who on receipt of such information immediately order for an inquiry and forget the issue subsequently.  Any further action on the subject by the lower officer are either not being pursued or due to work pressure and other external factors the complaint remains in dormant stage without being closed or disposed. This is the scenario of almost all the government departments especially on a complaint against their employees on their private affairs, including matrimonial issues.  Lets wait for the changes that are gradually happening.

navdeep (ABM)     10 May 2014

Dear 498A_ fighter, I tell u what i did-

I sent the copy of my FIR to his department and asked to enquire and terminate if he says his daughter's allegations of 10 lakhs dowry are true, if he says no then its ok, also please provide me the copy of enquiry and his statement. I filed it in CGM office delhi, i filed 4 RTI's with different names, i got reply that the enquiry of same has been sent to Lucknow office as it is its concerned office. Now i have filed RTI to Lucknow office where it was transfered and also asked to tell in how much time will enquiry take place if started, if transfered to other office please provide the details of action of that office also and progress till date. Alongwith it,  i filled TEP in tax department also, they replied same that enquiry is taking place, after transferred 4 offices i got replied from Kanpur office that it is in progress.

Alongwith it i also i filed RTI for his CDA declaration of previous years also, declaration about marriages of his two daughters, construction of two houses etc. 

Please get in touch if anything new you find as we both are filing app to BSNL.

Sudhir Kumar, Advocate (Advocate)     11 May 2014

it is not the case that as and when disgrunted husband sends copy of the FIR to deptt of FIL, then he must be terminated.

 

total amount of dowry need not be from assetts of father and mother.  

 

deptts like to go safe rather than being alleged of harassing 498a victim and want to avoid allegation of connivance with SIL.

navdeep (ABM)     11 May 2014

It is written in FIR that "my father has given 10 lakh of dowry" by wife. The biasness of law is to be noted here that mere this statement is a proof for registering case against the husband and his parents but the same is not considered as proof against her father. No enquiry against the father of girl even department is not taking action, nor the police who registers case against husband takes action against them. What a great law of india.

Sudhir Kumar, Advocate (Advocate)     24 May 2014

no proper advise can be given without seeing all the papers.

Prima-facie Govt servant is not sub-human.

If daughter of a Govt servant faces dowry harassement then

  • He cannot be compelled to withhold complaint
  • He cannot be compelled not to disclose dowry added given by his relative

Can you prove the dowry contributed by father to be discproportionate.

 

498A_fighter (NA)     24 May 2014

Hi Sudhir Kumar,

As per the serivce rules, no Govt Employee shoudl take or give dowry.if they do so,as per the service rule,deciplinery action should be taken.

And also, govt employee should be given declartion that now dowry was given/taken during their childern  marriage.if they gave the declarion that no dowry was given during the marrige and subesequently, they file 498A saying the dowry was given during the marrige. is it not crime?

here we are not concerned about the disproporatinate assets, what we want is that as per the service rule no govt employee should give or take dowry.but when the employee giving evidence statement in police station to support his daughter complaint that the dowry was given during the marriage.in that case why departmenst are not taking the action when we gave the complaint based on his statements? if they are not aking any action, they shoud act on our complaint and comunicate why they are not taking the action. if not why these servce rule only for govt emplyee?they can remove these rule and work as private emplyee...right?

 

 

 

Sudhir Kumar, Advocate (Advocate)     24 May 2014

you can give complaint to deptt and wait for outcome.

 

Better concentrate to prove that you demanded no dowry. rather than giving evidence to his deptt that dowry was given and taken.

 

It is your safety and honour which is more important at this stage.

TAMOGHNA DAS (TTA)     03 February 2018

pg portal complain & writt petition ll b best I think. bsnl give very much attention in pgportal complain. if complain not resolved then go for writt petition

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 February 2018

Even if a Government servant makes an allegation in a court that he had given or taken dowry, no action will be taken against him until the conclusion of the court case.


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