J Raman
Asked November 06, 2016

Forced to do illegal work as part of job

  • 3 Answers

I am working in Central Govt. office as a Vocational Teacher from 2006. Due to lack of man power I was directed and assigned 04 additional posts that were vacant since 04 years and above. As a store keeper incharge, during Jan-2015, I was forced by the HOO to assist him in illegal purchase. I refused. after 20 days I received memo, that I refused to perform assigned duty and disciplinary action will be initiated. I submitted my reply, then after 20 days issued an order that my service was treated as "dies non"(no pay) from the date of the memo issued and it continues up to the day I do the work he assigne,. like that I was dies-non for 43 days. pls, guide what have to do. Inbetween these period I submitted an appeal to my Headquarters and waiting for their reply. 

Answers 3

Firstly you need to give a complaint to the concerned educational department informing them of the lack of employees and existing employees being forced to do additonal work.

Then you must wait for the reply from the headquarters and proceed further based on their reply. None can force you to do an unauthorized job.  

Agree Comment 0 Agrees about 5 years ago

meet a lawyer who practices in CAT tribunal and get  notice issued to all concerned including central government and wait for 60 days and in case, your grievance not settled, then  your file your case in CAT in your area .

Agree Comment 0 Agrees about 5 years ago

You have few recourses to fight the issue. Firstly you can file a complaint against the person who is asking for bribe to his senior or Every department/office has their disciplinary n vigilance board, you can also lodge a complaint their and being a government office, then definitely their must be a department that would be monitoring its disciplinary actions. You can raise you issue there. Also you can ask for a compensation for those 43 days.

Lastly you can help him do what he wants and record the same and show that you are little hesitant to do it but your senior is compelling to purchase the items and record the same and then file an FIR against him u/s 23 (wrongful gain) & Section 409  of Indian penal code pertains to criminal breach of trust by a public servant. The public servant shall be punished with life imprisonment or with imprisonment of upto 10 years and a fine  and chapter 3 of prevention of corruption act, 2015 (amended). I think this must suffice your case. But I still would advice you to go with the first option before taking the matter to the police. If you take the second recourse be sure to collect full evidence before you can frame him. If you still want to proceed further then

The three main authorities involved in inquiring, investigating and prosecuting corruption cases are the Central Vigilance Commission (CVC), the Central Bureau of Investigation (CBI) and the state Anti-Corruption Bureau (ACB). Cases related to money laundering by public servants are investigated and prosecuted by the Directorate of Enforcement and the Financial Intelligence Unit, which are under the Ministry of Finance. 

The CBI and state ACBs investigate cases related to corruption under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860. The CBI’s jurisdiction is the central government and Union Territories while the state ACBs investigates cases within the states. States can refer cases to the CBI. 

The CVC is a statutory body that supervises corruption cases in government departments. The CBI is under its supervision. The CVC can refer cases either to the Central Vigilance Officer (CVO) in each department or to the CBI. The CVC or the CVO recommends the action to be taken against a public servant but the decision to take any disciplinary action against a civil servant rests on the department authority. (available at http://www.prsindia.org/parliamenttrack/discussion-papers/prs-note-on-corruption-laws-1658/)

Seeing your case you can appropriately approach any of the above mentioned authorities

Agree Comment 0 Agrees about 5 years ago

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