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Vittal Morae   24 December 2023

Service Matter reg.

Respected Lawyers

Greetings of the day!

I wish to seek advice on the issue as described here.

A Group-C employee joins service and submits a family details consisting of his parents for dependency benefits.

The employee's father runs a retail store business while his joining the organization. During the period of probationary itself he hides the fact of his father's income and claims the available benefits like CGHS, LTC etc.

Though the issue is brought to the notice of the authorities, they have just filed the issue and are keeping quite the on that and stating that it is under process. Through the submitted documents, prima facie it is evident that his father had earnings during his reporting to the duty.

Now my query is, can a submission be made on this before a Magistrate Bench?? If so what would be the further proceedings or process there after.

There is Hon'ble Supreme Court of India order https://www.scconline.com/blog/post/2021/09/25/the-question-is-of-trust-no-matter-how-trivial-the-case-suppression-of-fact-of-conviction-can-lead-to-termination-from-service-supreme-court/

can this be referred to this case??
I request the kind Advocates for the valuable suggestions please.

The authorities seem to be absolutely favouring the corrupt employee who also holds the disproportionate assets. The same also was submitted before them.
It's been more than a year since the appeals were made with repeated reminders.
Please kindly do the needful.


Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 December 2023

You can report it to the higher (District/Regional/state) authorities.  They will take action.

T. Kalaiselvan, Advocate (Advocate)     24 December 2023

If you are the complainant in this subject, you first obtain the status of your complaint by sending an application under RTI act.

After that you can file a PIL against the authorities concerned to initiate suitable action if there was any irregularity happened. 

Vittal Morae   25 December 2023

Thank You Satyanarayan Sir and Selvan Sir. I had filed RTI also, but they stated that the matter is still under process. As per CCS rules and the Hon'ble Supreme Court order it is a crime to hide the material fact while joining the service. Can I make su6bmission through PIL now?

Sudhir Kumar, Advocate (Advocate)     27 December 2023

GIVEN FACTS INDICATE THEAT THE HIGHER OFFICERS ARE ABSTAINING FROM TAKING ACTION.  YOU CAN COMPLAINT TO THE cvc AGANST HIGHER OFFICERS.


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