It appears FIR is registered.
If yes or even if not since the Vigilance is enquiring the Matter it's a fit case where you can file writ petition seeking issuance of writ of Msndamus against inaction of public authority.
Vigilance against corrupt officer
A corrupt government officer , a doctor, in Delhi heading pndt department was caught doing malpractice. As per law private practice is not allowed. In the video of sting he is caught seeing patient and taking money. There is a double proof in form of a prescription. Vigilance enquiry is pending since more than 2 years. Being powerful he is trying all his resources to get himself a clean chit. The vigilance department is giving erratic replies since long whenever we enquired. Now they have said that the forensic department has some doubts and they require originals. We have told them that we are ready to produce originals in person to be checked and returned same time. However they want submission. We have doubts that once submitted the documents may be manipulated. Kindly tell us what legal way we can ensure safety of the proofs.
Asked 4 years ago in Criminal Law
Religion: Other
11 Answers
1. Based on the available documentary evidences, you may seek permission of Head of Dept., to lodge Private Criminal Complaint against the delinquent govt. servant, in the local Magistrate's Court and seek directions for investigation and relevant charge sheet to be filed in court to proceed in the matter.
If you are an interested party in this case you may file a writ petition before high court seeking expeditious investigation by the vigilance department in this case and to submit charge sheet at the earliest before the trial court.
You cannot put pressure on the vigilance department on your own other than an official pressure.
Obtain acknowledgement of receipt of original documents and video recordings from the vigilance department
2) keep certified copy of prescription in your possession
First: Please approach the Central Administrative Tribunal with an appropriate application to expedite the vigilance enquiry with all proofs that you have and let one set of originals be on the record of CAT for that purpose.
Second: Do keep more than one set of original videos and take a receipt from them in written form along with transcript verified by them. So in case if they change subsequently you are still safe by holding two proofs: one in CAT records and other in form of receipt they confirming that they have received what you have given and not the changed one that they reproduce post manipulation.
1. Send the original documents through Registered Post Acknowledgement Due.
2. In this way, you get the acknowledgement for having handed over the originals to the concerned as well as minimising manipulation by the recipient.
Ask them for a written request to submit the originals. Take receipt number while submitting them.
File RTI for getting the status report of the enquiry.
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You shall have to handover the originals for the purpose of the forensic investigation as photocopy cannot become basis of enquiry, however, you need to consult a technical person so as to make the digital documents safe but if the documents are not in digital form then better to obtain receipt on the zerox of such documents so that the same may not be manupulated by any person.
1. You should approach SP of the area where the case is under investigation and request for proper Investigation.
2. You can ask officer of vigilance department to give you a submission and copy of original documents with their stamp and recieving that they have recieved the original documents and providing you true and certified copy of documents.
No it cant generally be manipulated, if done need to point out before court
you can move application for further investigation and also file a writ petition in the highcourt.
