About section 218 ipc
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.
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.
Sudhir Kumar, Advocate
(Expert) 06 October 2013
repeated
http://www.lawyersclubindia.com/experts/Sanction-under-crpc-197-427331.asp
Rajesh Thakral
(Querist) 06 October 2013
very very thanks for valuable suggestions but sir tell me whether my istagasa(complaint case in lower court) against the clerk is in right direction or not and also tell me wether court will summons to clerk under related charges in the court because all my witnesses statemnts has been recorded in the court and all the doumentary records are verified by court now my pre summoning date is 11-10-2013. Plz tell me because i am very confused
Rajendra K Goyal
(Expert) 06 October 2013
Contact your lawyer who is attending your case and is in full knowledge of the contents of case file.
Rajesh Thakral
(Querist) 06 October 2013
actually i belonging to a small and backward city and in my city no advocate was ready to handle my case so i will arragu with the magistrate for the summoing of accused clerk as well as accuse DEO so kindly give me suggestion because section 161/162/166/167 & section 7/8/13/15 of PC act 1988 are rare type of case in my city so no advocate is supporting me. I am fighting alone in my fight against corruption. I am a teacher but i read the whole IPC Act as well as PC act 1988 and crpc act just for the justice.But when i find this website i got a hope for justice. kindly note my Mob: No. 09855968371 and give me valuable suggestions
