Monday, 16 September 2013

ACTION AGAINST GOVERNMENT SERVANT MAKING FALSE MAHAZAR(FIR)

  The genuine complaint should be protection against harassment or victimization.After verification found to be false, malicious or vexatious should be taken as serious notice.  There should be no hesitation in taking punitive punishment or lunching criminal prosecution against such complaints. The vigilance Commission takes initiative in prosecuting persons who are found to have made false complaints against public or lack of integrity.

   A false complaint can be prosecuted under section 182 of IPC and the Court takes cognizance of the offence only on a complaint in writing of the public servant to whom such a false complaint was made or of some othe public servant to whom he is subordinate, as per section  192(1)(a) Criminal Procedure Code.

   Complaints charging against public servants and servant under the employ of public undertaking with corruption, lack of integrity, misconduct, malpractices or misdemeanor may be made to the following authorities:-

1. Chief Secretaries and Secretaries to the Government.
2. Vigilance Commission
3. Head of Department
4. Director General, Anti-Corruption Bureau
5. Collectors of Districts and Heads of Public Sector Undertaking concerned. (The Kerala State Electricity Board under Public Sector under taking).

   Whenever any fake complaint against a Public servant is made to any of the above authorities, a complaint will have to be lodged in writing with a Court of competent jurisdiction by the authority to whom such false complaint was made or by some other public servant to whom the authority is subordinate.If the person making false complaint it is a Public Servant. it may be considered whether departmental action should be taken against him as an alternative to prosecution.


No comments:

Post a Comment