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According to paragraph 12 of the Scheme of the Andhra Pradesh Vigilance Commission, as enunciated in the G.O. cited, the Andhra Pradesh Vigilance Commission will take initiative in prosecuting persons who are found to have made false complaints of corruption or lack of integrity against Public Servants. The object of this provision is to see that the Vigilance Commission, while its main function is to assist in the maintenance of integrity and morale on the part of Public Servants, also assists in taking steps against persons making malicious, vexatious of totally unfounded complaints against Public Servants as they would result in harassment and demoralisation of the services.
2. A false complainant can be
prosecuted under Section 182 of the Indian Penal Code. Under Section 195(1)(a)
of the Code of Criminal Procedure, 1898, A court will take cognizance of an
offence under Section 182 of the Indian Penal Code only on a complaint, in
writing, of the Public Servant to whom such a false complaint was made or of
some other Public Servant to whom he is subordinate. According to the
instructions, complaints charging the Public Servants and servants under the
employ of public undertakings, with corruption, lack of integrity, misconduct, malpractices,
or misdemeanour may be made to the following authorities:
1. Chief Secretary to
Government and Secretaries to Government.
2. Vigilance Commissioner.
3. Heads of Departments.
4. Director,
Anti-Corruption Bureau.
5. Collectors of Districts.
6. Heads of public sector undertakings.
whenever any false 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.
3. Having regard to the
manner in which it functions, the object can be fulfilled by the Vigilance
Commission.
(i) by advising appropriate
action on its own initiative when such cases of malicious, vexatious, or
totally unfounded complaints come to its notice while the Commission is dealing
with the matters that come before it; and
(ii) when a Department / Undertaking refers such a case to the Commission for advice, after considering the expediency or propriety of prosecuting the complainant and coming to a firm conclusion.
In either case, the administrative authorities should keep in mind that the Commission has to look into the circumstances of each case and, after examining it, arrive at the conclusion whether the matter is one which calls for prosecution or other appropriate action. In cases referred to the Commission for advice, the Commission does not proceed merely on the basis of the decision arrived at by the Department concerned but has to apply its own mind and come to a conclusion. It is, therefore, necessary that in such cases also the Commission should be consulted. If a complaint of corruption or lack of integrity, etc., against a Public Servant is found to be false complete record should be sent to the Vigilance Commission, which will advise whether the complainant should be prosecuted in a Court of Law, or some other appropriate action be taken against him.
4. The heads of departments, Collectors, etc., are requested to take action as indicated above whenever they consider it expedient to prosecute complainants for an offence punishable under section 182 of the Indian Penal Code.
OPEN - CCA Rules - References (open)
