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498a Discussion Forum - View topic - RTI to know the status of disciplinary complaint against FIL
It is currently Mon Sep 26, 2022 5:32 am



Reply to topic  [ 27 posts ] 
RTI to know the status of disciplinary complaint against FIL 
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Joined: Tue May 08, 2012 12:00 pm
Posts: 9
Could you please help me in framing an RTI application about the status of disciplinary complaint against a state government employee. Here is what i am thinking :

1.Please give the diary number and date of receipt of my complaint in your office?
2.Please indicate the daily progress made on my complaint so far. i.e. when did my complaint reach which officer, for how long did it stay with that officer and what action did he/she took on it during that period?
3.Please give the names and designations of the officials, if any, who delayed taking action on my application/complaint.
4.What action would be taken against these officials for delay? By when would that action be taken and under what rules?
5.By when would my complaint be dealt with?
6.What is the present status of my complaint?
7.The norms, if any, prescribed for the department to deal with these types of applications/complaints.
8. Please provide copies of the office notings and office memo's of the file related my complaint.

This is to fight against a false dowry case which was put on me by my wife and in-laws. Please suggest me if any changes required to my application to make it more effective.

Thanks in advance,
Dass


Tue Jul 31, 2012 12:44 pm
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Joined: Fri Jul 22, 2011 12:16 pm
Posts: 55
Can anybody post here the draft of COMPLAINT AGAINST FIL TO HIS CENTRAL DEPARTMENT FOR GIVING DOWRY and SUBSEQUENT RTI.
The fighters who have successfully nailed their in service FILs n Pensioner FILs may plz help with both drafts


Wed Aug 01, 2012 4:48 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
I have not seen even a single success story in this regard.

One person started getting some results, but don't know what happened to the same case. It is posted in success story section.

Regards,

Shonee Kapoor


Email: harassed.by.498a@gmail.com



Fri Aug 03, 2012 1:11 pm
Profile YIM

Joined: Tue May 08, 2012 12:00 pm
Posts: 9
I got the good news now. My FIL has been issued a notice from the department head regarding my my complaint for that my FIL has given a reply saying he has not given any dowry. No i guess all I need to do is get that letter from the office.


Fri Aug 03, 2012 1:25 pm
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Joined: Fri Jul 22, 2011 12:16 pm
Posts: 55


Mon Aug 06, 2012 2:33 pm
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Joined: Tue May 08, 2012 12:00 pm
Posts: 9
Hi sorry for the delay. Following is the text for my application:


To
Sri XXXX ,
Director of Treasuries and Accounts
Hyderabad,


Sir,

Ref: (i) Rule 25A of A.P.C.C. S. RULES, 1964,
(ii) A.P Government’s circular Memo No. 6183/Ser.C/2006-2, Dated 12-10-2006.,

Sub: Complaint on X XXXXXX (STO District Treasury, city name) for violation of Service and Conduct Rules - Reg


Emp Name: XXXXXXXX
Office Address: STO District Treasury , City name
Home Address: XXXXXX

I, 498a accused S/o Father of 498a submit that following information for necessary action against your employee for violation of Service and Conduct Rules


1). I submit that my marriage was performed with 498a wife D/o FIL on date XXXX at venue .


2). I further submit that 498a de facto Complainant XXXXX filed a case against me with false allegations of dowry-demands and alleged cruelty on the file of XXXX Police Station, Kakinada. A Criminal case was registered vide Crime No. XXXXX and the same is pending before the Hon’ble Special Mobile Judicial First Class Magistrate, Kakinada.


3). I submit that as per the complaint, 498a de facto Complainant 498a wife and her Parents render themselves as parties to and co-conspirators of the offence as defined in Section 3 of Dowry Prohibition Act, 1961. As a public servant FIL have allegedly given dowry as mentioned in the deposition statements of Memo of evidence/Charge Sheet/Legal Witness Statements.[enclosed for you reference]


4). I submit that in the complaint given by 498a de facto Complainant 498a wife Daughter of FIL is the legal witness for the alleged offence ‘GIVING AND ABETTING OF DOWRY’, which is punishable with an imprisonment of upto 5 years and a cognizable offence U/s 3 of Dowry Prohibition ACT 1961.


5). His/her acts of commissions and omissions are liable to attract criminal prosecution. Further, it is stated that for violation of Service and Conduct Rules (as per Rule 25A of A.P.C.C. S. RULES, 1964) took place while he is in service. This is an offence under IPC on the part of FIL as mentioned above.


6). In the light of the foregoing, I request you to initiate and take necessary action to be ordered and taken against FIL for violation of Service and Conduct Rules.


7). Kindly intimate the action taken and progress of the matter.


Thanking you,

Yours faithfully,

498a accused



Encl: As stated


Copy To: 1) Collector Office, Kakinada
2) Commissioner of POLICE, Kakinada
3) Department Head in State, Hyderabad.
4) Deputy Director of Treasuries , Kakinada
5) Principal Secretary to Government (Finance)
6) DGP , Lakdikapol Hyderabad
7) State Finance Minister

--------------------------------------------------------------
After this application, my FIL received a notice from department head regarding my complaint. My visited a lawyer and drafted a reply to that notice stating that his daughter has given stredhan and its not a dowry of that sort( I have not seen the reply yet). After this notice they come for settlement.

So with one RTI and one complaint I am able to see the light at the end of a very dark tunnel. Also, this is with in 4 months of my case. Am really thankful for this forum without which Its is impossible for me to make it happen.



Thanks forum members.


Fri Aug 31, 2012 12:45 pm
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Joined: Fri Jul 22, 2011 12:16 pm
Posts: 55
Thanx dear,
Can anybody post RTI draft too!


Sat Sep 01, 2012 5:26 am
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Joined: Wed Dec 05, 2012 11:35 am
Posts: 57
Definitely a great sharing. Thanks dass56. If you are from bengal, please pm with your contact/email .
Shall I replace "498a wife" with wife-name or just wife with wife-name. Shouls I also mention DP act 3/4 as those d*gs have filed 498a/34b/406/DP act 3/4 ?

Can anyone suggest me the conduct rule no etc... of UCO bank ? The b****s father is a steno typist at UCO bank.

Any addition rule in west bengal for dowry giving ?

Thay mentioned in their written statment that they have fiven golden ornaments ...(etc....) in the marriage to bride-groom as per requirement. And I want to use this info in my complaint. Please advise


Fri Jan 04, 2013 12:06 pm
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Joined: Tue Aug 14, 2012 9:04 am
Posts: 522
@india.victim.498

From his complaint letter it is clear that he is from AP an his FIL is a state govt. employee. Moreover UCO bank is Govt. of India undertaking. So u have to see the disciplinary code for central govt.employees. I have detaily given u the section name in a thread created by u regarding RTI. Pls go through it.


Sat Jan 05, 2013 2:55 am
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Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
Hi
This is Vijay one of the victims of 498a and fighting the case for the past one year. I file an RTI to BSNL about disciplinary action against FIL who was retired.
Following was the reply from BSNL

Sri. XXXXXXX, SDE-BSNL was retired on 28-02-2009. The CCS conduct rules of BSNL organization will govern the officials/officers while in service. Any irregularity is noticed when the official/officer is in service, action will be initiated as per CCS conduct Rules of our organization.

Sri. XXXXXXX is retired SDE and pensioner. Since it is a civil dispute and the matter is under the examination of the Honorable Court, the department will only act up on the outcome of the judgment from Honorable court with specific directions to this organization


Planning to go for first appeal will this help.


Thu Jan 24, 2013 7:23 pm
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Joined: Tue Aug 14, 2012 9:04 am
Posts: 522
Was he in service during the time of ur marriage??

Eventhough he is retired, he will be getting pension, availing medical facilities and other retirement benefits. Action has to be taken by the dept. considering these. No wrong in going for the appeal.


Fri Jan 25, 2013 1:49 pm
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Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
No he was retired at the time of my marriage. But i dont see this as an issue because he is still enjoying the benifits of the govenment.

Filed first appeal. Will update once i get the reply


Tue Jan 29, 2013 4:01 pm
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Joined: Fri Dec 31, 2010 4:19 pm
Posts: 1892
i think service conduct rules apply when a person is in service and not when he is retired and pensioner
no govt deptt can stop pension
when any person is in service and violate service conduct rules then deptt can stop increments and promotion and can punish him
but after retirement no promotion and no annual conduct report (ACR)

SO I THINK AFTER RETIREMENT, NO USE OF SECTION
11A OF ALL INDIA SERVICE CONDUCT RULE 1968
OR
13A OF STATE EMPLOYEE SERVICE CONDUCT RULE 1966


Tue Jan 29, 2013 4:22 pm
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Joined: Sun Apr 29, 2012 2:01 pm
Posts: 67
THEIR PENSION CAN BE STOPPED AS PER SECTION 9 OF CCS PENSION RULES BUT ONLY ON FEW CONDITIONS.

THEIR PENSION STOPPAGE CAN BE DONE ONLY BY PERMISSION OF PRESIDENT. PRESIDENT HAS KEEP THIS VETO POWER WITH HIMSELF.

http://cvc.nic.in/vigman/chapterxv.pdf

CHECK THIS OUT.


Wed Jan 30, 2013 3:17 pm
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Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
I was in an impression atleast a departmental enquiry would be conducted agaist him where he has to acknowledge the facts. But this did not work.

Alternatively i had gone for TEP, awaiting reply for this.


Wed Jan 30, 2013 6:29 pm
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Joined: Fri Dec 31, 2010 4:19 pm
Posts: 1892


Thu Jan 31, 2013 2:35 am
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Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
Any other possible alternative to get him fixed. As mentioned earlier i had already filed TEP and waiting for reply.


Thu Jan 31, 2013 6:11 pm
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Joined: Tue Aug 14, 2012 9:04 am
Posts: 522
@kiran2vijay

A tressure is waiting for u here viewtopic.php?f=41&t=4446

Pls go through it judiciously..

According to Shonneji some 2.8 years before, complaint can be filed against the retired Govt.employees an make them loose their pension. As per THE ALL INDIA SERVICES (CONDUCT) RULES, 1968

11—A. Giving or taking of dowry.— No member of the Service shall—
(i) give or take or abet the giving or taking of dowry; or
(ii) demand, directly or indirectly, from the parents or guardian
of a bride or bridegroom, as the case may be, any dowry

It plainly talks about " Member of the Service". so little bit confusing regarding the persons retired from service.

I think now shoneeji will be in a better position to help us in this query...

Now u concentrate on the witnesses in 498A and DP act. If any of them are govt. employee then u file complaint against them. Since they abetted in giving dowry... This is also a crime according to the above said service rule and also as per DP 3.


Fri Feb 01, 2013 5:50 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
I thought so at that time.

However, only for misconduct done during the service means that pension can be stopped.

Also, few people started this with much gusto, but left in between as it was becoming too time consuming for them.

Regards,

Shonee Kapoor


Email: harassed.by.498a@gmail.com



Fri Feb 01, 2013 6:37 am
Profile YIM

Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
Well all the witnesses are bunch of old fellows and retired, not luck here.

A bit of deviation from the topic, sorry for this.
My loving 498a wife had called one of my friend and during her converzation she mentioned that her parents were hospitalized because of this case and if any thing happens to them all their relatives are ready to attack our family. The converzation is recorded by my friend and i have it now. Will this come of any use if i submit it to the judge.

The b***h pretends to realize her fault and want to reunion, which will not happen in any way from my side.


Fri Feb 01, 2013 7:26 pm
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Joined: Tue Aug 14, 2012 9:04 am
Posts: 522
File a complaint with PS with the evidence and ask them to file IPC 506. If they resist file a petiton with the first class magistrate under 156(3) Crpc and later he/she will direct police to register FIR. During mediation if she asks for reunion stop her with this allegation.

Note: Here after Post queries other than RTI in the sections ment for it....


Fri Feb 01, 2013 7:41 pm
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Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
Thanks for the information and swift reply.


Fri Feb 01, 2013 8:01 pm
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Joined: Fri Dec 31, 2010 4:19 pm
Posts: 1892
phone recorded conversatiön is difficult to prove
1 u need to retain stored in original without edit or copied form
2 u have to produce recording device
3 u need call detail from service provider
4 phone number should be in name of person who had talked
5 ur friend/third person must be agree as witness
6 recording must be clear without sound disturbance

otherwise if u wife deny that
1 there is no conversation with anyone
2 this is not her voice
then it would be difficult to prove


Sat Feb 02, 2013 2:02 am
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Joined: Sat Apr 27, 2013 1:04 pm
Posts: 4
Can any body suggest good lawyer in Kakinada area?


Wed May 01, 2013 3:00 am
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Joined: Tue Apr 13, 2010 8:38 am
Posts: 1987


Wed May 01, 2013 10:31 am
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Joined: Thu Dec 19, 2013 1:48 pm
Posts: 43
any body here i want to ask some one question . if any here contact with me i m waiting for submit my question.


Thu Feb 27, 2014 8:15 am
Profile WWW

Joined: Mon Dec 03, 2012 6:08 am
Posts: 20
Hi Guys
After a long long chase of 5 years my 498a case got dismissed and all the family members acquitted in the case.
TEP made a big difference and that became the crux of the case.
Thank you guys for all your support.

Am a relieved man now and next step is to use this judgement for getting divorce which is also pending for almost 5 years.


Sat Oct 29, 2016 6:19 pm
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