• Provisions for punishment under personnel data tampering

I am working in a central public sector undetaking  navratna company, while transferred from previous posting six months ago , my personnel data (lpc) was not released for 2 weeks, when the lpc was recieved it was seen that 3 of my dependents were ommitted from my dependency list , whereas online portal of the company website is showing those dependents in my account , and iam having all the acknowledgements of family addition of my dependents, besidews of several communication no response has been recieved from other end, kindly advise what legal action can i take in this regards, it is worth to mention that i belong to sc category.
Asked 1 year ago in Labour from Lucknow, Uttar Pradesh
1)file RTI application as to why 3 of dependents were removed from dependency list when online portal is showing their names in your account 

2) Section 3 of the Right to Information Act, 2005, specifically states that: “Subject to the provisions of this Act, all citizens shall have the right to information”.

A government employee is no doubt a citizen, and therefore, he has equal right to seek information from the concerned authority

3) dont issue nay legal notice yet wait for reply to your application . wait for reply on your RTI application 
Ajay Sethi
Advocate, Mumbai
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as mentioned herein above file RTI application . 

you will get the answer why they 3 dependents have been removed without any reason 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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1. Send a legal notice to the Company stating that if they do not send the corrected lpc within 15 days, you will take legal action against the Company,

2. If the said PSU still refuse to act, file a Writ Petition before the High Court against inaction of the said PSU praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. You mention the same mistake committed by the said PSU and also that they them self  had approved the said medical bills earlier,

2. You now can also claim the medical expenses of those whose names have been omitted  by the earlier PSU.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Its may be a mistake . In your query also seen that you already  the medical bills of all those 5 dependents since last 7 years from the company. Meet the concern department of your company directly  with your previous evidence. If any of three is omitted with out reason you can't claim medical reimbursement for your family members/relations who are not 'dependent' on you as per the Company Rules. So file an RTI application for getting the correct details of dependents, if any one is eliminated from that list file another application seeking the reason for their elimination.  After getting a replay you can move legally
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Issue a lawyer's notice to the company to seek the medical reimbursement of your dependents who have been omitted from the list. If the company does not fulfill your demand then filing a lawsuit for seeking court directions to the company is the only remedy available under the legal framework.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) you should produce the acknowledgement in your possession that all details of dependents have been furnished by you 

2) request office to update the office records . 

3) lodge complaint with MD of the company regarding harassment meted out to you 

4) dont file any police complaint now . it will further aggravate the matter 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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1. It might have been done personally to harass you or due to negligence on the part of the HR officials,

2. Your best course of action will be to file a Writ Petition as advised in my earlier post,

3. This is the fastest way to get relief and justice.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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No it is not comes under the atrocity..You can challenge the department . You file an application for including the dependence who are seems to be deleted in the website data . 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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The recourse under RTI has been availed by you to cull out the required information. The next logical step should be to issue a lawyer's notice to the dept.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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There is no atrocity within the sweep of SC/ST Act. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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besidews of several communication no response has been recieved from other end, kindly advise what legal action can i take in this regards, it is worth to mention that i belong to sc category.
You should not keep writing to the officer/office concerned alone about this.
You should escalate the matter to higher office by mentioning the omission and seek their intervention. Thereby you first have to exhaust the remedies available within the organisation and after that you may plan to move legally.


i have been claiming the medical bills of all those 5 dependents since last 7 years from the company , out of whom 3 has been ommitted without stating any reason by the respective HR Officer/person.
This evidence for claiming medical bills over the previous years shall be a strong ground for yo to take up the issue properly.  By the way who are those members who have been deleted from the dependants list.



From all these RTI reply and evidences it is clear that intentionally  tempering of my personnel record was done by the concerned HR Executive.Kindly advice under which section of IPC I can challenge the Department , and whether the Matter will be identified as an act of atrocity as I belongs to SC community.
First of all you should understand that while making a complaint you are not required to mention any section of IPC or any other law.   This case is not an atrocity against SC community.
You may prefer an appeal against the RTI information obtained if you are not satisfied with the report.
If you feel that a particular HR is responsible for this act, you prefer a complaint against him with the top management, if the top management also fails to hear you properly, you may plan to initiate legal action against the erring official.   
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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