in lack of natural justice can fir is quashed
neeraj
(Querist) 24 December 2015
This query is : Resolved
If in a dept any one suspended without telling a reason in order and after that they take some statement of embezzlement from some people and give a charge sheet and after giving charge sheet on receiving it they lodge fir without giving document and any thing they have find against me and without prior sanction of sec 197 without competent authority. And lodge fir . so can court quash fir on the basis of natural injustice as dept prejudice that I am culprict without listening me as a judge. Some ref of sc and hc I have taken but not on ref for quash but it is rule in service law. Pls suggest me.
Advocate. Arunagiri
(Expert) 24 December 2015
For registering FIR there is no need for prior sanction.
What is the exact words they have given in the suspension order?
Your query is lacking important info.
neeraj
(Querist) 24 December 2015
They give in suspension order that I was suspended for karya me laparwahi wa aniyamitata Ke karan.
Sir but there is competent authority who investigate case and listen me also if allegation are such that there is oral statement not a single proof on paper.but it is written in book police don't take sangyan of such case without sanction in departmental case .
Rajendra K Goyal
(Expert) 24 December 2015
On the basis of given facts chances of quashing are bleak.
In the departmental inquiry and case in court prove yourself as innocent and leave technical grounds for your lawyer / defense representative.
Devajyoti Barman
(Expert) 24 December 2015
There is no illegality in the actions taken by the authority.
neeraj
(Querist) 05 January 2016
But sir in police investigation there is nothing different or more than dept investigation as there is no base on which dept rely that a single document will proof my guilty except baseless statement.
neeraj
(Querist) 05 January 2016
On seeing this and malice intension of dept can high court quash fir and challan.
