Particulars to be noted in Filing complaint
- Fri, 21 August 2015
The following particulars shall be included without fail complain letter in order to be effective in complaining to the commission by the aggrieved person.
- The complained case if the corruption case arisen in the period after 17th Sept, 2013.
- Complaint shall not be made about corruption under outside knowledge by hearing from outside and public news from the vicinity and shall describe important evidence to be able to support in time of making necessary investigations.
- In the event of the mater to be investigated, the following particulars of the aggrieved complained shall be stated to be able to communicate and investigates if necessary whether or not the aggrieved person is real and for prior protection of complaint from misusing of the name of others.
- Citizenship Scrutiny Card Copy
- Fully Address to contact
- In the event of sending the copy of complain letter to the commission, the commission will not be able to take action and so direct complaint shall be addressed to the commission.
Complaint modes and processes to the commission
If the aggrieved person is willing to complain about the corruptions, complaint may be made in writing to the commission under the following modes.
- Direct complaint to the commission by the aggrieved person;
- Complaint to any of the work committee constituted under this law, operation board, preliminary scrutiny team and investigation team by the aggrieved person;
The Commission, if a complain letter has arrived, scrutinize whether or not the complaint can be investigated under section 21 and section 16(o) and whether or not to be in line with or the complaint that cannot be investigated under section 22.
Investigation of the commission to be able to take action under the law or the particulars to be able to make investigation has been provided in the Anti-Corruption Law Section 21 as follows.
“In respect to the following matters, the commission may investigate or make to investigate to be able to take action under the law.
Assignment duty of the investigation and submission form the state president;
Assignment duty for the investigation and submission from the relevant parliament chairman with regard to submission of the proposal under the law from the parliament representative to take action against current political rank holder pursuant to section 43, sub-section (b).
To take action against the committee of corruption, the aggrieved person-
- Complaint to the commission,
- Complaint to the work committee, Operation board, preliminary scrutiny board and any of the investigation body formed under this law;
- Transfer and sending the foregoing complaint to the commission in terms of the complaint to the relevant government department, any of the government organization;"
In the section 16(o), “Performance of other duties given by the state president, Union Parliament House Speaker, Upper House Speaker or lower House Speaker" has been provided and assignment of the duty has been given to investigate whether or not to infringe with the law of Anti- Corruption subject to the above-cited law section 16(o).
The particulars of the investigation have been enacted in the section 22 of Anti – Corruption as follows.
“The commission shall not investigate the following matters-
(a)The matter of complaint has been the matter investigated by the commission.
(b) Lack of imperative evidences in the complaint
(c) Lack of new important evidence in further complaint."
Under section 22 (b), it is necessary to have important evidence is every letter of complaint. It has been enacted that the commission is not to investigate against the letter of complaint lacking any evidence and reference.
Under the section 21, section 16(o) and Section 22, in the event that the commission investigate whether or not to be consistent with this section upon the letter of complaint, the contents of letter of complaint has to be studied and screened in details. Subsequent to discussion review, decision has been given whether or not to consecutively investigate.
In respect of corruption, the complaint, in the event that, report easily against the letter of complaint without thoroughness and certainty, under section 46, shall be awarded for being able to face the suit again. In the section 46, and under section 44, in the event of willful complaint or report with the aim of losing dignity or grievance to anyone else unreasonably from the complaint or informer, they will be taken action under the law, it has been enacted. It is not a threat to the complaint not to done complain from section 46 and if has been enacted to be mutually fair under the nature of the law. In the long-exercising Penal Code for many years currently, also in the event of false information and complaint, it has been enacted that action may be taken.
Screening the letters of complaint sent to the commission, it has been found that majority of the letter of complaint has been reported the following matters.
- Complaint on the matter not concerned with corruption,
- Matter to be talked on the institution of suit in the court under the law;
- Frequent complaints under personal hatred,
- Matter of being performed firm the relevant Ministry and Region, State Governments;
- Despite naming corruption, lack of particulars referring to corruption in the contents of the letter of complaint;
- Overall written complaint without any evidentiary proof by writing and stating only on a sheet for corruption.
- Complain to the commission implying and uniting to claim for encumbrance instead of tackling financial scandals each other on the institution of suit in the Court;
- Subsequent to complaint, revocation of letter by the complainant himself on compounding and re-adjusting each other;
- By writing and twisting to be petitioned and with laden agenda of own fault;
- Anonyms letter of complaint without stating signature or name of complaint;
To be able to take effective action from the commission against corruption under the law, it is necessary to complain the matter reasonably referring to corruption from the public in time of complaining.
Also, some people have written letter of complaint by acquiring charge as broker and it is known on the study that they have cheated the un-acknowledgeable public who are aggrieved and it is necessary to have full awareness and avoid from the same sort of persons.
The case of some complain letters has been in the process of trial and appeal in the court and letter of complaint has been sent to the commission in advance prior to the proclamation of order from the court as prior prevention therefrom. Out of the foregoing letters of complaint, it has been transferred and sent to the Supreme court of the Union to be known such necessary matter in order to have carriage of justice from the superior court prior to miscarriage of justice. However, the commission avoid the interference matter of the judiciary with special are to affect jurisdiction of the relevant judges under the law.
The commission studies carefully the letter of complaint submitted and in the event of absolutely irrelevant letter with the commission and unable to transfer and send the matters to the relevant government ministers, states and regions, it has been filed with attachments. Despite being unrelated the letter of complaint to the corruption and bribery, in the event of sort of matter having to be performed by the relevant executive and department, it has to be transferred and sent to the relevant ministry, region or state to provide assistance is someway on the services with the aim of supporting for the proper administration system of the government relevant ministry and to be able to tackle amicably on difficulty on grievances experience by the complainant, public. Due to attaching great importance on performance from the relevant ministries and government, it has been studied and found that satisfaction and amicability has been achieved in certain matters.
In the event of letter of complaint consistency with section 21, section 16(o) and of infringement with the provisions of section 22, of the matter actionable and investing story and corruption, decision has to be passed for investigation and it has been ongoing.
A suit instituted in the court shall be in conformity with the provision of law as well as requirement of reasonableness upon evidences. In addition to hearing and knowledge from outside, through the information from the surrounding, it is unlikely to institute the suit success will be achieved effectively on the suit instituted and sound with evidentiary documents stipulated in the CPU following from the court and evidence Act.