Is Retirement of Public Servant basis for exemption
MSC Shekar
(Querist) 28 January 2010
This query is : Resolved
A Public Servant - Sub Registrar has given a false evidence in a Civil Suit regarding Claimant of a particular property. The sworn statement was proved false after 20 years. In the meanwhile that particular Sub - Registrar Retired.
Since he has now retired can he not be prosecuted for giving false evidence in a Court of Law ?
Is retirment of public servant an exemption from crime committed by him during his tenure?
What about the victim ? has to suffer ?
Kindly help?
Arvind Singh Chauhan
(Expert) 28 January 2010
He can be prosecuted under IPC but only on the complaint of concerned authority before whom he gave the false evidence.
bhupender sharma
(Expert) 28 January 2010
u can file the application under section 340 Cr.P.C for the same by making him the party and has to convince the court concerned to take cognizance of the compliant in this respect and make appropriate complaint for the prosecution of the same.
Raj Kumar Makkad
(Expert) 28 January 2010
He is not exempted being a retired Govt. officer. Initiate criminal action as you require against him.
B K Raghavendra Rao
(Expert) 28 January 2010
Criminal action is an action done by an individual whether government employee or a private employee. He can be prosecuted. Retirement does not offer immunity to his criminal acts. Victim can file a case in the civil court seeking cancellation of sale deed. All these subject to limitation.
MSC Shekar
(Querist) 31 January 2010
Thanks for the valuable advice given by all the attorneys/lawyers. I am very much grateful to all those attorneys / lawyers who are supporting me and I hope will support me in future for giving their valuable adivce/suggestions for my queries on this website. I have a long standing dispute with a Government department which runs into several cases into several courts of law
