dear members,
arrear salary of one govt searvant granted by competent court which was denied and disposed by another public officer by an affidavit.can the public officer be booked us 409IPC?
prof s c pratihar ( urologist &legal studies) 20 September 2008
dear members,
arrear salary of one govt searvant granted by competent court which was denied and disposed by another public officer by an affidavit.can the public officer be booked us 409IPC?
Murali Krishna (Govt..Employee) 21 September 2008
If a court granted arrears of salary, any violation of the court order attracts contempt of court and the officer who violated can be taken up for contempt of court.
If that order is issued by a civil court, an execution petition can be filed for recovery of the amount from the department.
It does not amount to an offence under 409 of IPC.
SHEKHAR MISHRA (public servant) 22 September 2008
It will only amont to contempt of court and it will not come under the purview of sec.409 of IPC.
prof s c pratihar (medical practitioner &legal studies) 23 September 2008
sir,
i have been told that ld. magistrate has already taken cognizance of s 409 ips and whole matter is before H C in cr rev s.401 ,482 and pending as contested application.scope of rev.application pls.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 September 2008
section 482 relates to saving of inherenet powers of high court.Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
prof s c pratihar (medical practitioner &legal studies) 29 September 2008
thanks