If you are in a public undertaking where both you & your officer are public servants then you file a criminal complaint against such an officer with the vigilance department of your office as well with the police under the Prevention of Corruption Act1988, the law enforcement agency will arrange for catching this officer red-handed for taking bribe you under section 7 Public servant taking gratification other than legal remuneration in respect of an official act Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favor or disfavor to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in Clause (c) of Section 2, or with any public servant, whether named or otherwise shall, be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Explanation. -
(a) "Expecting to be a public servant". If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
(b) "Gratification. -The word "gratification" is not restricted to pecuniary gratification or to gratifications estimable in money.
(c) "Legal remuneration". -The words "legal remuneration" is not restricted to remunerations which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government or the Organisation, which he serves, to accept.
(d) "A motive or reward for doing". -A person who receives a gratification as motive or reward for doing what he does not intend or is not in a position to do, or has not one, comes within this expression;
(e) Where a public servant induces a person erroneously to believe that his influence with the Government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section.
. As far you are concerned you get protection under section 24 Statement by bribe-giver not to subject him to prosecution.
Notwithstanding anything contained in any law for the time being in force, a statement made by person in any proceeding against a public servant for an offence under Sections 7 to 11 or under Sections 13 or Section 15, that he offender agreed to offer any gratification (other than legal remuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under Section 12. So in this case you become an official witness where as this officer finds a charge against him of taking gratification other then legal remuneration. This is the best manner to deal with such public servants.
2007-06-18 14:43:28
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answer #1
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answered by vijay m Indian Lawyer 7
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If he's retirement eligible and meets all the standards for retirement, then sure he's creating an excellent selection. Retirement would be designed for older workers to head on and make room for youthful workers, even though it would not advise that man or woman should be ineffective. some businesses even hire retirees back back and paintings extra at the same time as nevertheless receiving their retirement pay. A communicate with HR is so as and the only way for this worker to comprehend all the regulations and standards.
2016-11-25 21:59:57
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answer #2
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answered by Anonymous
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