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SK Shrivastava   29 March 2016

Ipc for public servant for not performing duty

Many Public servant donot follow law and do not act on complaint. We want to register FIR against Public servant in Police. Can IPC 166, 188 or any be used? or suggest criminal section.

Can Public servant be booked under Prevention of corruption act  POCA1988 for misconduct. Plz advise section. (If no demand for money raised only delay occur).......



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 4 Replies

Pawan S (Advocate)     30 March 2016

"Many Public servant donot follow law" means?
166 will be fine. BUT I hope you have sufficient evidence to show, that they are acting unlawfully. 
Else, you may face the heat.


Since , you already made a complaint to police,which means its a non-cognizable offence.
This category of offences as per Criminal Procedure Code (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court.


Can Public servant be booked under Prevention of corruption act  POCA1988 for misconduct. (If no demand for money raised only delay occur)
Answer : NO


Regards,
Ekta

adv.raghavan (Advocate,9444674980)     01 April 2016

I am afraid, this is not the right way, but departmental enquiry can be initiated by addressing the laziness or lack of integrity towards duty, on his failure to address the issue the same can be escalated to court. This sort of disobediance had become order of the day and slowly turning out be our culture. For last question i endorse Ms.Ekta answer, without disputing earlier one.

Pawan S (Advocate)     01 April 2016

Hi Raghavan Sir, 

I beg to differ, but i wish to know, since, 166 deals with "Public servant disobeying law, with intent to cause injury to any person".

And it is stated clearly in the above case that "Many Public servant donot follow law ". So why can't we file 166. Please clarify

Regards,
Ekta

 

adv.raghavan (Advocate,9444674980)     01 April 2016

Ms.Ekta,

My reply is only with regards to DO NOT ACT ON COMPLAINT, and not on DO NOT FOLLOW LAW,, both are different in nature and are on different footing.


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