Protection 197 cr pc

Amit shrivastava (Querist) 24 April 2014 This query is : Resolved
A Government Officer has been charge sheet due to a criminal offence under section 120B,419,420,384,170 and court took cognigence. At the time of act commence he was on leave or we can say not on duty but department has also issued a charge sheet for the same offence on account of mis conduct .
please inform me that in this case sanction under section 197 Cr PC is required or not.
if no then was departmental charge sheet justify

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Sudhir Kumar, Advocate (Expert) 24 April 2014
department can issue chargesheet regardless the criminal trial.

A govt servant is expected to maintain absolute integrity even in private life and charges you stated pertain to lack of integrity.

For any more advise give facts of the case.

Sudhir Kumar, Advocate (Expert) 24 April 2014
repeated

http://www.lawyersclubindia.com/experts/service-law-468146.asp

Sudhir Kumar, Advocate (Expert) 24 April 2014
repeated

http://www.lawyersclubindia.com/forum/details.asp?mod_id=101293&offset=1#.U1kF6KI1g48

ROHIT SHARMA (Expert) 24 April 2014
Dear Mr Amit Shrivastava,

1. Obviously the criminal complaint in this instance must have been filed by the govt department hence s. 197 Cr.P.C. is not attracted.

2. A departmental inquiry too can proceed collaterally with such filing of criminal complaint.

Amit shrivastava (Querist) 24 April 2014
Thanks sharma ji
there is no complain this case is booked by CBI suimotto on the basis of telephonic conversation.

Rajendra K Goyal (Expert) 24 April 2014
Repeated query.

T. Kalaiselvan, Advocate (Expert) 25 April 2014
Repeated query, please see your previous post for more opinions.

Sudhir Kumar, Advocate (Expert) 25 April 2014
expects very keen to give him advise may visit the thread

http://www.lawyersclubindia.com/experts/Service-law-468146.asp

on this thread he has decided to release some sketchy facts.

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