sec.28 PCPNDT Act compliance
Dr. Tushar Nehete
(Querist) 05 June 2014
This query is : Resolved
Sec.28 of PCPNDT act states that court can take cognizance only if sec 28 is complied with. Sec 28 states who can file suit. In my opinion if some govt. officer files suit on d basis of power delegated by Appropriate Authority (AA) then
He must attach with the complaint itself
1) His appointment letter as govt officer
2) authorisation letter given to him by AA delegating power to file suit. (In my opinion it should be specific mentioning name of d accused. It can not be general,blanket or vague)
3) original official gazette notification of govt appointing the power delegating officer as AA under PCPNDT act.
All these r 2b attached with complaint itself only b4 court accepts d case,issues process&summons, not at a later stage. Gazettes cannot be taken as granted unless & until produced on record. Courts cannot fill d lacunae left by d prosecution. If court takes cognisance presuming these documents even though not attached with d complaint it will be illegal & d accused will be entitled to discharge on revision or appeal.
Experts, plz opine in detail & a in a large nos.
Thnx a lot.
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
What do you want to clarify specifically. You have stated the provisions of the law but what is your observation and what is that you wanted to clarify? What is your concern with the subject issue?, Have you been targeted?
