Electricty J.E Misbehave
Kumar Krishan Agarwal Advocate
(Querist) 15 December 2009
This query is : Resolved
BACK GROUND
I have a consumer case filed by my father which is pending in the consumer court for the rectification of the wrong billing amount which is Rs 20000/- but after accumulating interest by the Electricity department made it to 80000/-
My father died now I am contesting that suit as his legal representative,
but the problem is that The line man and Junior Engg comes in 3-4 months that you are using the direct wires from the pole and running home apparatus.We would file a FIR complaint against you.
They several times removed my house electric wires from pole. but I again got affixed with the another line man.this process is continuing going on. For the permanent solution what is the way to use electricity at house without any mechanical disruption.
-- END OF BACKGROUND----
NEW FACTS:-
Today 15 Dec 2009 the JE, Electricty and Vigilance officer come at my home and misbehave to me and my family and took the meter out from the Board. I told the case is pending in consumer forum but in vain.
So onto this I am planning to file a criminal complaint against Government officers directly under Cr.P.C. will any exemption need for filling a case against government officers under CrPC
or
I will have to file a fresh civil suit under sec 80(2) with Sec 151 of CPC in the same consumer forum for immediate relief and prosecuting the offenders.
OR
What I will do against them ?
Ajay Bansal
(Expert) 16 December 2009
If you are having no stay order from Consumer Forum , then you can not file the criminal case in question,however you can file a suit for mandatory injunction in civil court after getting exumption of notice u/s 80 c.p.c.
A. A. JOSE
(Expert) 16 December 2009
Dear Sir,
You have not stated the entire background of the case which resulted the JE Electricity Vigilance in capturing your electric meter. Normally, no public servant would dare to act like this unless there is some valid ground for him to do so. Please state as to whether any Rojkam/Panchnama was made by him while removing your meter and what were its contents. While you are free to resort to any legal actions againist the JE, please note that public servants have legal protections for acts done by them while peforming their duties.
Srinath Kondapally
(Expert) 16 December 2009
pending civil dispute is not a bar to filing criminal proceedings, you may file a crl.case against them by impleading them in personal capacity,but not in official capacity, if you wish them to implicate them in official capacity, u have to obtain permission of their superiors:
and if u want to file a civil suit against them then sec.80 of CPC has to be followed for filing defamation case
