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Rajiv Bahl   29 May 2021

fraud promotion

there has been a fraud promotion in my government office outside the conduct rules ,which court can I go to.


 10 Replies

Sankaranarayanan (Advocate)     29 May 2021

If any evidence against the fraduant promotion then file a petition before higher authorities and copy to relevant departments then with the advise of a lawyer and  can act 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2021

You can file a petition in administrative tribunal of a concern state. Administrative Tribunal is a creation of a statute. An Administrative Tribunal is vested in the judicial power of the State and thereby performs quasi-judicial functions as distinguished from pure administrative functions. Administrative Tribunal is bound to act judicially and follow the principles of natural justice.

1 Like

Dr J C Vashista (Lawyer)     30 May 2021

Originally posted by : Rajiv Bahl
there has been a fraud promotion in my government office outside the conduct rules ,which court can I go to.

What do you intend to convey from the term "fraud promotion" ?

Which department alleged "fraud" has been committed ?

If the case pertains to "promotion" in a government department, it is a subject matter to be adjudicated by Administrative Tribunal as advised by expert Mr. Ramachary Rachakonda, I agree.

However if the allegation is for some "fraud" committed it will be prosecuted by the area Magistrate.

Be clear in your post, which is vague and ambiguous.

It will be better to consult and engage a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.

1 Like

G.L.N. Prasad (Retired employee.)     30 May 2021

First, consult with those candidates that lost that deserving promotion as to whether it was a really fraud in such promotion.  According to my knowledge, the employer has a right to recognize the merit of such candidates and is having such discretionary power to promote out of turn in rare cases and that must be approved by Ministry.  This out-of-turn promotion is need of the hour to retain highly qualified persons and committed workers having good merit.   Let your association first question the Ministry on this violation before calling it a fraud.  When you have been subscribing to a Union, who is financially sound, equipped with expertise, and backed by a good team of advocates, it is not proper to take this up as though it was your issue alone, let them take up the issue with Ministry and then to HC.

T. Kalaiselvan, Advocate (Advocate)     31 May 2021

You may first answer the questions raised by learned senior advocate Dr. Vashista sir.

What is the fraud that you are referring to and how are affected by it?|

How do you term it as fraud and what are the evidences that you rely upon to term it as fraud?

Just vague allegations will backfire and will become fatal to your attempts besides you may even be inviting trouble if you jump into uch conclusion in haste.  

Without knowing the nature of the issue or details, any opinion given in this regard may be misguiding.

You may revert with details for more proper opinions. 

 

P. Venu (Advocate)     31 May 2021

Yes, the posting is too vague. Moreover, promotion is not based on the provisions of the Conduct Rules. So also, in service jurisprudence, only the aggrieved person, not the busybody,  can approach the Administrative Tribunal or the Competent Judicial Forum.

1 Like

sneha jaiswal   31 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that: 
With the necessary evidence to prove that the fraud promotion was done in the government office, complaint to the concerned higher authorities. And, you can also file a petition in the concerned administrative tribunal for redressal of your grievances.
OR, you can register your complaint along with a copy of such evidence through the web portal of the MCA at https://www.india.gov.in/official-website-serious-fraud-investigation-office to bring it to the notice of the Government of India.
For better guidance, I will suggest you consult a lawyer.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

1 Like

G.L.N. Prasad (Retired employee.)     31 May 2021

@snehaagarwal "SFIO can not entertain complaints direct from citizens and there are essential compliance requirements for them to entertain complaints involving huge financial fraud or corruption of more than Rs.50 lakhs, and the complaint should be referred to them from another Govt dept.

1 Like

sneha jaiswal   01 June 2021

@G.L.N. Prasad Thank you so much Sir for guiding me.

 

Best Regards,

Sneha Jaiswal

Sudhir Kumar (Dy Director)     10 June 2021

Not able to agree or disagree with any of the views expressed.

 

You have not at all stated.

 

whether it is central / state govt deptt/undetaking?

how the promotion is fraudulent?

whether promotion is secured by way of a fraud or merely a wrongful promotion.


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