Law against use of false certificates in central govt services
sir, recently I witnessed an incident related to use of false documents in central government jobs. Mother named (sidappa venkatamma devadanam) and son named (sidappa narajun devadanam) both are working as employees in central government. The certificates like birth certificate, caste certificate, all documents of the above candiates are false and both are cheating the govt. more than 12 years, not only that they are also getting some pension amt from govt. on the name of (sidhayya) who is alrdy dead and top of this Nagarajun has been running commercial business and not paying taxes for the said business.They have big properties on different names to avoid income tax. And recently Nagrajun rejoined the duties even though he was absent for more than a year without prior leave application. As per indian laws what actions can be taken against them and what all documents will be required to file a case against them.
Asked in Labour from Pune, Maharashtra
1. A case of cheating, misrepresentation, fraud and forgery can be lodged against them U/s.420, 408,468 & 120B of IPC against the persons. Also the employees can be subjected to Departmental Disciplinary Action.
2. Pension amount given to the deceased wife cannot be termed as illegal.
3. Inform the State Lokayuktha about the big properties the employees are owning.
4. Inform the Income Tax and the Commercial Tax department of the tax evasion and the owning of big business by these two Central Govt. employees.
5. Use RTI and find out how Mr.Nagrajun rejoined the duties even though he was absent for more than a year and what was the action taken on him and how his absence was treated by the department. Was he paid the salary for the absented period or the leave was on leave without pay.
6. You can take action as per the details in Sl.No.1 of this answer and obtain the necessary details about the two employees by using RTI.
You can directly file complaint before the concerned department where the said persons are working.So that the departmental inquiry can be initiated against them and then if they are found to be violated any norms ad forged documents, steps as per legal provisions can be taken under different charges.
In case you feel that the complaint with their department will not stand you can also directly file a complaint before the police showing the information you have.
Regarding avoiding the Income Tax , any time a letter to the Income Tax department will initiate an inquiry by the department.
Both the offences of forgery cheating a swell s income Tax violation will be tried separately and legal proceedings can be initiated against them accordingly.
First of all to get the details of their profile status at work and regarding the leave etc. you can try an RTI application in the concerned department.
if the pension they are getting is in their father's account , this can be justified.
All the allegations as you have narrated , if they can be proved the said persons are going to be in real trouble.
at the end of the day when you initiate a legal steps against any one , you need to clarify your locus standi as a complainant whether you are an aggrieved person or victim or a whistle blower who intends social welfare of the society.
1. How are you connected with the matter?
2. If they have used fake documents, then if caught, they will be prosecuted for submitting fake documents beore the Govt.while knowing that the said document is fake/false,
3. The maximum punishment for the said offence is 7 years imprisonment,
4.Lodge a complaint before the Management in this regard.