Avoiding Job provided under bribe of Rs. 1.1 Lakh
2 years ago
My brother has got a govt. Job as a contractor provided under bribe by one of the Health Care Contractor in a reputed Govt. Hospital. In the initial stage itself he got allegations like he stole some of the stuff at hospital and made money and also no proof that he has done such things. My brother condemns that he has not committed out of the discipline. But the job provider who has given contractor position making allegations and avoid paying back the bribe money as well as salary. I would like to hear how to get the money back to our hands. Thanks for any help provided!?
A.Both giving and taking of bribe is illegal and crime. If your brother has given bribe to get a job then there is no way you can go and knock the door of court and ask to get it back as you can not plead as a right for a wrongful act done by you.
Section 171 B of IPC describes what is bribery.
Section 171B in The Indian Penal Code; Bribery.—
(1) Whoever—
(i) gives a gratification to any person with the object of inducÂing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratificaÂtion.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.]
Section 171 B of IPC describes what is bribery.
Section 171B in The Indian Penal Code; Bribery.—
(1) Whoever—
(i) gives a gratification to any person with the object of inducÂing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratificaÂtion.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.]
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Sidhaarth
Responded 2 years ago
A.Giving and taking of bribe is illegal so you cannot prove nor can claim bribe amount. Depending upon terms of agreement you can claim salary, perks etc.
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A.Dear Sir
It being a illegal transaction so you cannot recover it legally. However you may lodge complaint with police saying that he is in the habit of doing similar cheating with many others.
It being a illegal transaction so you cannot recover it legally. However you may lodge complaint with police saying that he is in the habit of doing similar cheating with many others.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.You move a legal notice to opposite party. And after you loge a first information report.
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A.Hello,
If there is no proof against your brother of stealing, you brother has complete right to sue his employer for defamation. Also for not paying your brother's salary.
Thank you
If you find this review helpful please rate.
If there is no proof against your brother of stealing, you brother has complete right to sue his employer for defamation. Also for not paying your brother's salary.
Thank you
If you find this review helpful please rate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Your brother could file a defamation case under section 499 and 500 against job provider. Also if he is not giving your brother salary your brother could him a legal notice claiming the same.
Thanks if yoh find this review helpful, please rate.
Your brother could file a defamation case under section 499 and 500 against job provider. Also if he is not giving your brother salary your brother could him a legal notice claiming the same.
Thanks if yoh find this review helpful, please rate.
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