Sanction under crpc 197

Rajesh Thakral (Querist) 06 October 2013 This query is : Resolved
R/sir I am a Math Teacher in Punjab Education Department. I complaint a clerk of demanding bribe to education department with three witnesses. Department put inquiry of my complaint but inquiry officer did not involve me and my other three witnesses in the inquiry and violates the Principal of natural justice. No summons were issued to me and only involved the accused clerk and his witnesses in the inquiry and one sided report was prepared and recommend the higher authority to file the complaint case and told the higher authority that complaint is a habitual of doing complaints but actually without involving me how can she said that I am a habitual of doing complaints and actually I had never complaint any persons except of this clerk.. when i know this fact through RTI i put complaint case in the lower court under ipc section 161/162/166/167 and section 7/8/13/15 against clerk and under section 120B /217/218 against Inquiry Officer who did not involve me and my witnesses and no any summons were issued to me. Pls tell me whether sanction under crpc 197 is required to prosecute inquiry officer who violates Principal of natural justice. Actually this inquiry officer is the District education officer and accused clerk was working in Inquiry officer office and thus inquiry officer made false report to save his office clerk because if inquiry officer involve me and my witnesses then she can not save his clerk because we have sufficient proofs against this clerk.

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Guest (Expert) 06 October 2013
You can approach direct to the vigilance department of your state, or if you are a central Government employee you can write directly to the CVC.

Sudhir Kumar, Advocate (Expert) 06 October 2013
in the first instance you have acted wrongly.

when bribe was demanded you should have approached Punjab vigilance bureau who would have arrested the accused while accepting bribe.

By not doing so you have given an opportunity to the higher officers to save the accused and he has utilised it to the best.

Secondly you are confusing Investigating Officer with Inquiry Officer.

for raising criminal proceedings against the DEO you need to establish that charges were true. You may better submit a complaint to State Vigilance Bureau if you feel that DEO has misued his official position in favour of the accused as such action is offence under section 13(1)(d) of the PC Act 1988.

Sudhir Kumar, Advocate (Expert) 06 October 2013
sanction under 197 is required in each case where offence is done by public servant in official capacity.

There is no remedy against refusal of this permission which in all probability will be denied in private istagasa.