fir against public servant
neeraj
(Querist) 20 September 2015
This query is : Resolved
Can a dept lodge an fir against a public servant without informing and without dept enquiry and without taking prior confirmation from higher authority. Is case against public servant file without any legal document as a proof only on the basis of statement of some people. Can a AE file fir against JE on aforesaid basis. Can I proceed for 482 .
neeraj
(Querist) 20 September 2015
In my case I was posted there orally and after calling back to original posting place they suspended me without giving me any reason . and give a application in police and before then serve me charge sheet and after receiving it after 10 days they lodge fir. Without giving any letter and any information. Against section 406,409,420.
R.K Nanda
(Expert) 20 September 2015
consult local lawyer.
neeraj
(Querist) 20 September 2015
Sir local lawyer does not guide me about matter related to service.
Sudhir Kumar, Advocate
(Expert) 21 September 2015
you query even in second installment is vague. It does not specify what/why the case is.
Prima-facie no wrong can be done to a public servant who files criminal case of cognizable offense against a subordinate or even higher officer.
On the contrary if there is any custody beyond 48 hours then it is obligatory for deptt to treat the accused as deemed suspended.
Otherwise no reason need to be specified for suspension.
If the offence is committed in public duty then at the chargesheet stage the sanction us/ 197 CrPC may be needed to be issued by authority competent to dismiss the accused.
neeraj
(Querist) 21 September 2015
Sir actually the case is I was posted till 06/06/15 till there is no complain but on 07/06 the officer came and without telling me jabt all office documents and on 08/06 they attach me original place and on 09/06 they suspended and attach me furthest place as can do without giving me any reason on simple order then on 19/06 they give application in police for fir and after that on 13/07 they give me charge sheet till now I don't know what happened for me and when I receive charge sheet on 28/07 next day in paper I heard about the news of application given by dept and on 10 th august fir lodge against me . till then no letter I got from dept no one asking from me for anything and nothing is asked from me . dept also does not found any thing in record against me so to injure me they file a case against me by taking some consumer statement that I have taken money from them. Sir tell me is this the right procedure. I am not impression till now and got anticipatory bail. Tell me is this case is fit for 482.
Rajendra K Goyal
(Expert) 21 September 2015
No information / permission from the person required for lodging FIR.
Person can be suspended before serving charge sheet.
Taking permission from higher officials for lodging FIR in criminal cases, person is not concerned with it, basically FIR need to be registered for crimes. Higher officials may be informed later or before in case of need.
K.S.Srinivas
(Expert) 21 September 2015
I agree with the expert Rajendra K Goyal.
neeraj
(Querist) 23 September 2015
Sir in my case I contacted police many times that they also take my proofs and listen my points too. But they not listen me and when I said him to meet he make any false promise. He said after taking bail meet me I take it from high court but he does not want to meet me. What is his mentality. Is he under influence of my higher authority or he does not want to support me. As out of 12 allegations I have some relevant proof of 7 allegations. What can I do.sir I am in very much puzzled as I am a orphan so have no family back up so now very much tnsnion. My higher authority taking their revenge from me as I fail their chain of corruption.
Guest
(Expert) 23 September 2015
Mr. Neeraj,
The action of the authorities as per the set administrative procedure, rules and regulations. In due course of time you will have to face and defend your case with police/ court of law in connection with the criminal case, if filed after investigation with reference to the FIR, as well as the departmental inquiry for the misconduct under the conduct and discipline rules of your own department, as revealed in your charge sheet.
No escape except to defend both the cases or their merits from time to time. Impatience may not help yoi in any way.
Sudhir Kumar, Advocate
(Expert) 23 September 2015
You are taking utmost care that the details of the case are not revealed still experts have tried to help you. Now choice is entirely yours as to whether you want to take benefit of advise or not.
neeraj
(Querist) 23 September 2015
Sir In connection with my case can police also cease my bank accounts. Till now I have nothing in account but before it has transaction of some money it may be a proof for police or not. Transactions at that time or before can be a proof. If it is amount more than my income then will this create trouble for me. How can i save it before police start doing any thing.
neeraj
(Querist) 24 September 2015
If I close that account then wheteher it is also disclose. And run only one account. That is liable and salary account. Can police find that I have close account.
Advocate. Arunagiri
(Expert) 24 September 2015
To register a FIR against a public servant prior sanction is not necessary. But the magistrate can not take any Charge sheet on file without a prior sanction on the public servant.
Prior to filing the charge sheet the police is having all such powers to investigate and collect evidence.
Guest
(Expert) 24 September 2015
Query Suitably advised " FIR against Public servant"
