Section 166 of IPC

Ajit (Querist) 05 July 2011 This query is : Resolved
How can we file criminal complaint against public servant u/s 166 of IPC.Whether permission from the competent authority or legal notice required or not?what ingrediants are required for filing complaint in the capacity of private complaint?

Follow Query

Report Abuse

M.Sheik Mohammed Ali (Expert) 05 July 2011
Depends upon the case fact, if offence is occurred in criminal activities, you may file writ of mandamous, otherwise send notice to govt high authority of person in his higher official with 60 days notice period.

Guest (Expert) 05 July 2011
If the offence pertains to the official duties of the public servant, you may have to serve due legal notice to the Head of the Organization and the officer concerned before filing any case against him. However, if the public servant is guilty in his private capacity, you can sue him individually without even asking for permission of or sending any information to his employer. Taking permission or sanction of the competent authority rests with the police authorities, if needed under the provisions of any law or Government rules.

SAANJAAY GUPTAA (Expert) 06 July 2011
Agree with Mr.Dhingra

Ajit (Querist) 07 July 2011
I Submitted appeal to competent authrity i.e Govt of Punajb within time limit in Feb 2002 for quashing adverse remarks in ACR.Govt asked my parent deptt to send my service record alongwith commnets of concerned officer of my parents deptt.Comments was to be sent within 3 months from the receipt of appeal as per instruction of Govt.of Punjab but the concerned clerk put up file before the concerned office of my parents deptt after a gap of 4 years and 6 months of delay that too on the intervention of DGP punjab when a DO letter was shoot off in which there was a mention of 6 memorandums which was either misappropriate or criminally lost by the dealing clerk on 25/08/2006.On 26/08/2008 i was ignored from promotion to the rank of Inspector of police.Govt.of Punjab also ordered deptt action against the dealing clerk and equiry conducted and he found guilty but he got enquiry report misappropriated on the way to AGDP to whom he was P.A. Now Can i file complaint u/s 166 IPC as a private complainant?Can legal notice to head of deptt is necessary?Can permission is necessary u/s 197 Cr.P.C?Can i file civil suit under Specific releif act aginst the deptt and the dealing clerk?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries