• LLB degree through impersonation by Govt servant

A punjab Govt. servant obtained the three year regular llb degree. During the course he manage to mark him self present in the college and also got salary for the period. the alleged college was far away from his place of posting and it was not possible for him to attend both simultaneously. His name was recommended for the State Civil Services being highly qualified at the initial stage. what crime he committed and how he will be prosecuted. Whether lodging a complaint to the Police where is alleged to have llb degree or where is posted. Can a complaint be made to his department.
Asked 8 years ago in Criminal Law
Religion: Sikh

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4 Answers

1) personal presence of govt servant was necessary for attending lectures for LLB course

2) it is necessary that student has to attend 75 per cent of lectures to enable him to appear for LLB exams

3) Section 419 in The Indian Penal Code. 419. Punishment for cheating by personation.—Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

4) in this case person who has personated govt Servant shall be punished under section 419 of IPC

5) you can complain against the govt servant that he has obtained law degree by unfair means

5) that disciplinary action be taken against govt servant

Ajay Sethi
Advocate, Mumbai
99997 Answers
8163 Consultations

1. This is prima facie an offence of cheating which is punishable under Sectio 420 IPC as the govt servant was required to attend personally.

2. Before going to court obtain a copy of the attendance register of the servamt

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

what crime he committed and how he will be prosecuted. Whether lodging a complaint to the Police where is alleged to have llb degree or where is posted. Can a complaint be made to his department.

This is not a case of impersonation.

If yo have evidence of he having been present in both the places simultaneously and also have evidence that he did not obtain permission from his employer to study this curse, you may make a representation to his department head with the evidences.

The department will take care of this issue.

T Kalaiselvan
Advocate, Vellore
90198 Answers
2506 Consultations

Further his name was also enlisted to have llb degree in survey to make amendment in the rules for extending benefit or enhancement of quota for law graduates. Can it be presumed that he used the degree got through impersonation in both these cases. i.e.for nomination of State Civil Services and amendment in rules.

It cannot be termed as impersonation but an act of cheating.

If he has obtained the degree without the permission of his employer then he is liable for departmental inquiry and necessary action accordingly.

T Kalaiselvan
Advocate, Vellore
90198 Answers
2506 Consultations

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