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Ahmed Afroz (MotorMan)     16 May 2015

Procedure of obtaining sanction for government officers

Railway officers have provided completely false and misleading information knowingly under Right to information act 2005. I wanted to proceed against them under section 191 of the Indian penal code.

But government officers are protected by section 197, under which no cases can be filed against them for the actions taken by them while performing their official duties without prior sanction of Central government or state government is the case may be.

These are colonial era rules, through which British officers were protected for their actions and the same thing is being continued up to date.

The problem is, when you apply for such sanctions, there is no time limit and nobody actually gives such a sanction.

In spite of litigation is to scrap the section 197, Supreme Court did not scrap, but given a timeframe of three months within which if sanction is not granted by concerned authority, then it will be deemed as a sanction to prosecute the concerned erring official.

So whether, anybody can guide me about the procedure for obtaining sanction against railway officers, and to whom such an application should be addressed.

And whether court always accepts sanction as deemed a sanction after passage of three months.

Thanking you in advance

 



Learning

 4 Replies

bsrao   17 May 2015

No. Delays in granting sanction may be condoned. You have all the legal facts and you can apply for sanction for prosecution.

TGK REDDI (No designation)     17 May 2015

I agree with Janab Ahmed Afroz.     Having to get sanction is awkward.      Protecting government servants is a bad theory.      Doesn't this mean harassed ordinary man needn't be protected?

Janab, in your case, I think sanction is not necessary.     He didn't give reply.      He was not even purporting to be doing his duty.     If a govt. servant does a wrong while doing his duty, sanction is required.     If a government servant, while performing his duty, administers a few kicks to any man,  sanction is not required because kicking isn't a part of his duty.

TGK REDDI (No designation)     17 May 2015

I'm sorry.     I regret very much.     I'm under correction.    The officers replied.         If you aren't satisfied with the replies and are aggrieved, the remedy is to prefer an Appeal.

T. Kalaiselvan, Advocate (Advocate)     18 May 2015

If you believe that the information provided to you by the authorities o your application under RTI act is false and not tenable, you have rights to prefer an appeal against the information supplied o you stating the reasons by which you believe that the information in hand is false and how do you authenticate your statement.  You have to exhaust the remedies available in this route instead of thinking of deviating the main route and the subject. Please do not venture into such adventures without understanding the complications involved in it. 


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