1) wait for police investigations to be completed and charge sheet or closure report filed
2) then file complaint of criminal defamation against department under section 500 ofIPC
3) you can also file suit for damages for maligning your reputation
FIR under Bihar PDR Act
An FIR has been lodged against me by Bihar Police under the instructions of District Education Officer, Nawada for alleged corruption in construction of school building in my village, where I am presently being posted as HM and Teacher. The department has alleged that Rs 1200000 has been inappropriately withdrawn from the construction fund and the same has resulted in FIR against me. The fact of the matter is the preceding HM and Principal was entrusted with the task of construction of building, who somehow managed to withdraw approx 3.5 Lakh amount from construction fund , when I was elected secretary of school, for starting the work and for buying the construction materials. I trusted him and allowed him to withdraw the said amount in several installments. He started the work initially but after few weeks he bribed the Jr. Engineer of Education deptt., who certified that Rs. 2.8 lakhs has been used and building has been completed till plinth and also reflected the same in official Measurement Book (MB). The balance amount of Rs 60000 approx was kept by him and he retired from service. While handing/taking over he himself mentioned that charge of school is handed over to me excluding that of building related matters/documents. I immediately informed the education deptt. and DM of Nawada that due to non handing over of school building charge/ documents and only unfinished foundation work being done on site and false Measurment Book by Jr. Engineer, I am not able to carry forward the construction of building and want to return the balance amount with interest which was lying in the building construction fund. And fresh allotment be made for the school building. from 2013 to 2016 I alongwith villagers reiterated the same to the Education deptt. as well as DM of Nawada. but no one respnded. In early 2016-2017, the deptt. started pressurizing me and even threatened me to face consequences if i did not start the construction work. I refused to do so and again informed them regarding inability to construct the building using balance amount. and till date i have not withdrawn a single penny from the construction fund incuding the intrest thereon. Now, in 2017 the deptt. asked the local Police station to lodge FIR under PDR Act against me and previous principal of school. The SP and DSP has taken supervision over the case. the invesitating officer from the local police station asked me to produce all documents i.e passbook and letters which i have wrote to the deptt. i provided the same and also wrote to the deptt. stating that not even a single penny has been withdrawn by me and willing to return all amount with interest and construct the building with new funs if provided. The deptt. has stopped my salary for more than 01 yr now and now influencing the investigation by delaying in responding to the police authorities. Even police authority is saying that i am innocent. What legal course of action i could take against the deptt.? pls guide
Asked 8 years ago in Constitutional Law
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12 Answers
1. Approach the HC for quashing of the FIR and if at all the FIR is not quashed, you may request the court to make the investigation time bound.
2. If the charge sheet is subsequently filed then go for quashing of the chargesheet and if the FR is filed then file cross case of defamation against the said person.
3. If your salary has been stopped pending investigation then challenge the said order in the HC as no one is guilty until and unless proven so.
Also please tell me is their any departmental inquiry going on with regards to the same?
Regards
Challenge the FIR in the Patna High Court as the same is baseless and concocted in light of the facts disclosed by you.
Under what provision of law have they withheld your salary? Has it been withheld just because you are an accused in a FIR? This action is arbitrary and hence not sustainable. Unless, they have not initiated any disciplinary proceedings against you and the same has not culminated against you, they could not have done this. Challenge this action in a separate writ petition in the Patna High Court.
you file a writ application against department, DM, police authority, that engineer and builder, all of them who are related with this matter for realization of your salary.
every thing will be cleared from that case.
please note don't handover any original document to police or any body else. if it necessary at least make it copy and collect receipt from the person who is taking the original document. otherwise you will be in mess.
RESPECTED SIR....
First of all you have to file an RTI seeking information about why thay had stoped your salary then you have to sent an legal notice to department regarding the salary ...also file an an FIR to police about those croupt persons if they denies you can file a complaint under section 156{2} of Crpc ....these are the options avalable...
Thanku
The FIR has been filed under IPC 406, 409, 420 and 341. I want to send a legal notice to all concerned for unneccesarily harrasing me and malgaining my image in society. Also, against stoppage of my salary. The education deptt. initiated disciplinary proceedings against me but due to lack of evidences against me they couldn't conclude the same. not even a single show cause has been served upon me. they even tried to frame me in other cases related to MDM and register maintainance but failed. please advise on whether legal notice could be served or not. and chances of filing defamation against the deptt. thanks in advance for valuable opinions
Asked 8 years ago
Sir at this time pressure is only at your part when you will send legal notice and the law enfoming agancy become active they all will be on there toes in front of you ...You just have to take a step against them ...Just go ahead ...If you have copy of FIR mail that to me I will help more after reading that FIR
Thanku
Legal notice can ne served anytime and also the defamation case, but appropriate remedy will be to approach the HC since the action has to be taken against the state.
Let me know if I can be of further assistance.
Regards
Don’t issue any legal notice now
Wait for police investigations to be completed and charge sheet or closure report filed
Then decide your strategy
- You can send a legal notice but I'm afraid that it will be of any help.
-File a writ against the Dept. for their arbitrary and contumacious actions
- You are not likely to succeed in your defamation case
you immediately file a writ application before the Hon'ble High Court for stopping all those nuisance. that is the only remedy for you to get rid off of this discomfort. let the writ application be disposed of in your favour, then you will think over for other proceedings.
Since all the documentary evidences are supporting your pleadings and also the investigating officer has found nothing to be blamed on you in this scam, you may approach high court with a writ petition to to close the ongoing investigation against you without any case being filed or if any case has been filed, you may file a petition under section 482 cr.p.c. to quash the FIR on the basis of the documentary evidences and merits in your side.
For stopping the salary, you may approach the CAT and get remedy.
Consult a service law practicing advocate on this before proceeding
The FIR has been filed under IPC 406, 409, 420 and 341. I want to send a legal notice to all concerned for unneccesarily harrasing me and malgaining my image in society. Also, against stoppage of my salary. The education deptt. initiated disciplinary proceedings against me but due to lack of evidences against me they couldn't conclude the same. not even a single show cause has been served upon me. they even tried to frame me in other cases related to MDM and register maintainance but failed. please advise on whether legal notice could be served or not. and chances of filing defamation against the deptt.
The legal notice may not be maintainable and it may be on an offensive note.
You have rights to demand your salary hence you can exhaust the remedies from the top brass of the department in this regard by making a written representation with acknowledgment, after this you may plan to approach legally to this issue by filing a petition before CAT also for the salary and to direct the authorities from harassing you in the name of an inquiry which is actually not there.