• Abusive language to a central govt employee

I am a central govt employee. One of my senior officer used abusive language ( " sala", "Bhonsdike") against me . Besides these he threatened to cut electricity and water supply to my govt quarter. I have three witnesses too. I want exemplary punishment for that official because he is a principal scientist of our office. This kind of words from a so called highly educated person is totally unforgivable. I complained against him in our dept. But nobody is taking care as the person in question is a highly influential one. 
Now I have two questions
1- Where should I approach to punish him and what do I need to do for that as I am naive for this court matters
2- What punishment can the offender get at maximum ?
Asked 5 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

You need to file private complaint against him and then proceed the same in  court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A complaint should be filed against him with the departmental head. If he does not take any action then file a comwith the higher ups in the employee grievance portal. This kind of behaviour cannot be condoned.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Will the witnesses support you 

 

obtain in writing from other witnesses that you were abused by senior officer and he threatened to cut water and electricity from your quarters 

 

then file police complaint against senior officer for criminal intimidation under section 506 of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A petition in CAT can be filed against the organisation and its head for not taking action on your complaint.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Well using abusive language in presence of others with a view to belittle in the eyes of another is defamation. 

2. Since defamation alone is a non cognizable offence police can not register FIR on its basis. 

3. However you can initiate criminal case as private complaint under section 200 and 2d of crpc in local Magistrates court. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

This is a criminal case you need to file it at magistrate court having jurisdiction

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Firstly you should lodge your complaint to the senior level, and if no response , then file a written complaint before the Central Vigilance Commission, CAT and Pubic Grievance Redressal  as well, for abusing , harassment ,and threatening . 

- The commission can start disciplinary action against him , and there may be suspension . 

- Out of this you can also lodge your complaint before the police. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You can approach the local police station with a written complaint narrating the entire events and seek tier action as per law to punish him for the commission of the described offences.

2. The punishment depends on the charges framed by the police.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. This is a personal matter hence you may have to lodge a criminal complaint against him with the local police only.

2. The punishment will depend on the charges framed by the police based on your complaint and the contents therein, hence let your complaint be stronger enough.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If you have witnesses then you are free to file a criminal complaint in the court for defamation under Section 500 IPC and also a suit for damages against him. The punishment is 2 years on conviction.

2. The individuals who heard the insinuation have to be examined as witnesses to prove the publication of defamation.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

He may be fined some amount by the court with some promise in written to not to repeat this in future.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File police complaint against the offender 

 

if police refuse to lodge complaint then file private complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This surely amounts to a misconduct and warrants a departmental action. Have a look at the applicable service rules in your organization,  to find out as to which clause/rules are attracted in this case. Based on your research, right to the  Head of your Department/Organization and escalate your complaint against this fellow and seek a departmental inquiry against him. In case things do not move despite your complaint, approach the High Court with a writ of mandamus. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Complain against him to the ministry under which your office comes.

2. Since you are working in a Government of India organisation, file a complaint in the CAT, to enable it to act on your complaint.

3. You can lodge a private complaint in the State Highcourt, so that the deliquent official gets the exemplary punishment.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

You can lodge complaint with the police under Sec.506 of IPC for criminal intimidation if proved, he will be punishable for two years imprisonment.

You need to have the witnesses to vouch for the said intimidation by said officer against you.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Response to your second post:

You can lodge complaint with the concerned police within whose jurisdiction the incident took place.

If the police refuse to register FIR, then you need to file private complaint before the concerned Magistrate under Sec.156(3) Cr.P.C.

Punishment as stated in above reply.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You have to file FIR against the officer who is misbehaving you and defaming you under section 499 Indian penal code.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You address your complaint to the officer in charge of the police station within whose jurisdiction the occurrence took place And you give the exact details of the occurrence in your complaint with the name or names of the person or persons who abused you.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if police refuse to lodge complaint, you can file a complaint u/s 156(3) of Cr.P.C. in the District Court with a prayer to pass directions to the SHO for lodging FIR. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can make a complaint against that person with ministry under which your department is working. 

2. You can also file a complaint for harassment against that official in court. 

3. He may can suspension for some time as offence was not that heinous to get him terminated.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Now you can make a written complaint to Office Head of your department, copy to HR , Head Office, under which ministry your department comes to those minister and secretary of Department.  If these people also do not take action than go to Labour commissioner, Then take matter to criminal court lastly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No problem, whosoever he or she you may prosecute that person under section 504 and 506 of  IPC before the Magistrate Court.

1- You have to make a FIR to Police Sation under whose jurisdiction your work place and office is situated..The Police would register a non-cognizable FIR in writing in their register and would give your copy.You have to state all facts before the police officer as well as name list of witnesses in whose presence you have been insulted. 

2- You have to find out your HOD and and HOD of your senior officer to seek sanction order to prosecute your senior. Cr.P. C mandates that the Government Servant on duty if being prosecuted in that case Complainant shall obtain sanction order from Government to prosecute the Servant who has committed any offence while discharging his duties. 

3- Prepare private complaint and file it to Magistrate Court which has jurisdiction to try the matter of Police Station where you have lodged you Non- -cognizable FIR against your Senior officer.

This way you may initiate a private complaint against your Senior under section 504  and 506 of IPC which may sent that officer for two years sentence  of imprisonment and to pay fine of Rupees INR 5000.00.

All the best.

Best regards. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer