Procedure for section 166 ipc complaint
Guest
(Querist) 05 December 2016
This query is : Resolved
Negligence in duty by public servant
I ahd put this query a few months back and was advised to send notiece for this section aognwith other sections
This was regarding high voltage supplied by electricity utility inGhaziabad and espite making several complaints to top management andstate govenment directions the area ex en does not correct it but sends false compiance report. This isgoing on since last 1yea andinsteadof supplying voltage at 230V+-6% as in electicity supply code of UP, voltage form 242 to 270 V ( in night) is being supplied. Though topmanagemnt sends instrcution thisoffcier does not take action and fabricatesreport and closes it
No action against him is taken by top management also.
There is rampant ccorruption and complescence of highest authorties withcuh people.
So question is can this ection be applied to instant case and reprot filed to
1. Polcie or magistrate
2. Is it hindred by section 197 Cr PC about public servant prior approval required? The ecectricity bord guys are state govt servants before the compnaies were formed.
3. Wheter such neglkigence of igh voiltage supply which is threat to equipm,ent life and property is made out?
S.B.adil rahman
(Expert) 06 December 2016
Prosecution under section 166A IPC(which is a new section and emphasises mainly about non recording of FIR in crime against women)has also a clause as Sec 166A (b)telling that" knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation". In such case if there are ingredients of violation of established procedure of law by the public servant, then you can go for prosecuting the officer. In this new section sanction for prosecution is not required. Moreover, sanction is required for prosecution of the officers who are removable by the State Government and not by the lower level of employers.
Guest
(Querist) 06 December 2016
Tnhaks this case i submitted is about Execiutoive engineer of Power company of UP noavoiding to bringdown voltage to specified range in electricity code and violation of licence under elctricity act.High voltage by 18% of declared voltage is dangerosu to equipment wiring life and property and nuisance. Since one year repated complaints are being made.Fale compiance reports are being sub,kitted to state government. Ex En I guess is class II offceir of state government and now employeeof ltd compnaies formed by state governbment so part of corporate bodies but still wholly owned bystate. So mkindly consider these factsandinfoirmif this section is applicable and can be directly complaied alongwith 2-3 more sections of IPC .Can it be made topolcie too?Or only magistarte?Is itncongnibale or non congnizable. It is importantto see these aspect as failure to start action may invite nuisance and revenge by such corruptoffciers.
S.B.adil rahman
(Expert) 06 December 2016
From which angle do you want to prosecute the person? If it is a health hazard or is endangering the lives and safety, you have to get the technical specifications of the electricity voltage by filing an RTI application. After that if it is really substantiate your allegation then a case stands against the company. May be under section 336 IPC which is cognizable. Fix up the person responsible, assess the real apprehension and then go for case provided the acts of public servant is against the established procedure of law/rules. If all fail then go for a WP in High Court.
Guest
(Querist) 07 December 2016
Thanks sir
I am engineer myself with huge experience in power installations. I am too a chartered engineer and Fellow of Insrtitution of engineers
The electicity supply code UP, lays down declared voltage 400 +- 6% variaiton allowed form time to time depending on load fluctuation. But it is continuosly aboive 425 to460 i.e. totally out of range on higher side.
Hiogh voltage means more power consumption in light and devices, short circuiting of witrring , electic shock and damage to equipment. Infact my battery back up is spoiled as at more than 260 V it kep runnign on battery and both UPS and battery went dead. Frequently water pumos, ac units amnd cfl have blown of neghbors too.
Lower side voltage is tolarable but not higher side.Since 12 months i am evey month complaining to state govt, MD,Chairman Ch engineer but false reports are sent by Ex En that voltage is corrrceted.
So now please tell.
