1. Well, it is not clear whether any departmental proceeding has been initiated against you.

2. Like any general criminal prosecution the degree of proof in DP is proof beyond reasonable doubt.

3. Hence mere wrongful entry in usage of generator does not imply that you had com-complicity in making unlawful gain out of this.

He is not turning up for enquiry, no witness,  no records

These are sufficient facts to free you up.

Increase usage of generator can be explained stating the demand supply fact. 

The case has to studied in its entirety in order to establish your innocence. But if you had some authority over him and he has certain circumstantial evidence against you which connects all the events and your role then he may establish his case.

If the person who alleges the he bribed you hasn't turned up how can the enquiry still  go on?

In order to prove bribe, transaction of money has to be shown. If the same is not there then you can not be convicted 

On the basis of the facts, defence can’t be produced. Share the documents so that your defence can be produced.

regards

1. the defense is always formed upon the fact of the complaint,

2. engage a prudent counsel, online or offline, share all relevant documents and prepare your defence to avoid any legal complications,

1. IF "inflated hours in running of generator" is the ONLY criteria for the allegations and IF no other documentary evidences /witnesses /statements are on record, THEN legally you can arrange for last 12 /24 months of data sheet of running of generator, to show that average generator running is well within the limits and nothing was inflated.  Further If the generator was diesel /electricity operated, THEN input the usage of diesel /electricity consumption, to prove that average generator running is well within the limits and nothing was inflated.

2. Mere complaint by Vendor in absence of Vendor's testimony during hearing, is not going to be supported, if matters reach court.

Your defence should be that allegations are false and baseless 

2) that you have issued legal notice to vendor to with draw false and defamatory statements made against you

3) that you have filed complaint of criminal defamation under section 500 of IPC against vendor

4) that there no witnesses for alleged bribery 

5) that no money was received by you 

You were not party to inflated hours shown of use of generator 

2) that vendor failed to produce any evidence in support of his allegations 

Dear Sir/Madam,

In order to defame and take revenge some anti-social persons indulge in such activities of false complaint against the honest officers. These are such anti social persons who did not get undue advantage because of that particular officer. Sometimes, there is conspiracy also in the department to defame and remove the honest officer. In all the situations, you should strongly oppose and deny all the allegations, take the defence of planned conspiracy and state that you are ready for any impartial investigation.  

in order to prove an offence of bribery, it is necessary to establish that the public servant both demanded and accepted the bribe. Proof of a demand for illegal gratification/bribery is paramount. Mere recovery of marked money is insufficient to convict a public servant without clear evidence to prove that the money was voluntarily taken as a bribe. 

Unless there's sufficient evidence against you clearly suggesting that you demanded and accepted any illegal gratification, you cannot be punished. 

First of all you await the charges that re being leveled against you by the department in its inquiry.

If this is taken into  consideration then you can prepare a defence on that line also by collecting evidences against such manipulated entries, the reasons thereof etc.

Ascertain the facts and prepare your defence strategy based on the circumstantial evidences that may go against you.

You can just make a defense that the case is not proved beyond reasonable doubt and the said evidence is not admissible to award conviction to you. 

In the departmental inquiry it is not necessary that the evidence of the vendor has to be recorded.The inquiry based on a complaint and the circumstantial evidence are sufficient to frame charges agaisnt the delinquent employee.

You prepare the defence accordingly by giving reasons for the inflated running hours of the generator.

You may go through the log book of the generator and see if there is an error  in the entry and who made that entry, whether there was actual consumption to tht extent on that particular day due to long power shut down etc. 

You take the help of an advocate to prepare explanation and objections to the charges leveled against you.

Dear Sir,

In the latest decision of the Supreme Court in the case of Banarsi Das Vs. State of Haryana, reported in AIR 2010 SC 1589, the Hon'ble Supreme Court has observed that mere proof of recovery of bribe money from accused is not sufficient to prove the offence. In that view of the matter, I am of the opinion that so far as offence of bribery is concerned, the demand and acceptance of money is required to be proved beyond reasonable doubt and mere recovery of bribe money from accused is not sufficient to prove the offence and to hold the person guilty. Presumption cannot be raised when demand is not proved in this case. Therefore, in absence of any evidence regarding the demand, mere alleged recovery is not sufficient to convict the present respondent accused and hence, this appeal deserves to be dismissed. The ratio laid down in aforesaid decision is squarely applicable to the facts of the present case because in the case on hand, the demand is not proved and the complainant had not stated about the demand made by the accused and, therefore, mere alleged recovery is not sufficient to prove the case against the respondent accused. Even the recovery is also not proved as per law.

State vs The Present Acquittal on 19 June, 2012

Gujarat High Court

State vs The Present Acquittal on 19 June, 2012

Author: Z.K.Saiyed,

Dear Querist

It will be better to contact an Advocate in person along with all the documents and get the best advice or prepare your defence.

Onus on vendor to prove allegations and than only burden shift on you to prove your innocence.

Enquiry is sham. Bribery/corruption case prove by direct evidence and circumstances with no nexus with demand and supply of bribe has not value.

1. You can take defence that entry was forged by vendor and he doesn't make those entries in your presence.

2. You can also take defence that you didn't verified the entries or you have not signed on any of the page.

You start your presentation from the complaint lodge by him.

Defeat his allegations for not supporting his allegations as stated in complaint and not producing the proofs and witnesses to testify his case.

Further, you can demonstrate the inflated hours in running of the generator to support your case with records.

You can also check his records i.e., his past record / complaints against him etc., to support your case.