Case file against the government servant

e form (Querist) 06 March 2014 This query is : Resolved
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I Want to Case file Against the Government Servant? Criminal Case

It is compulsory take prior permission of District Magistrate, for It?

The government servant's post is Medical OFficer.

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Devajyoti Barman (Expert) 06 March 2014
To register FIR no sanction is needed. However before trial such sanction is needed but only if the alleged incident is in discharge of his official function.
It it is beyond that then no sanction is required.

Rajendra K Goyal (Expert) 07 March 2014
Agree with the expert.

e form (Querist) 07 March 2014
thanks to expert
if any advice for me please tell about it.

Guest (Expert) 07 March 2014
Discuss the real problem on account of which you want to file a case.

T. Kalaiselvan, Advocate (Expert) 08 March 2014
Agreed, if the grievance is against the individual, who may be a government servant of any high standing, it is a case against the individual which needs no prior sanction/permission from government.

Sudhir Kumar, Advocate (Expert) 08 March 2014
if the criminal case is relating to official permission will be needed before chargesheet and the permission will be from the authority competent to dismiss the Govt employee.

In case of Medical Officer the DM is not the appointing authority and and not competent to dismiss him from service. his permission will be (even if given) invalid.

Sudhir Kumar, Advocate (Expert) 08 March 2014
if criminal misconduct has nothing to do with official duty then no permission of anyone is required.

Sudhir Kumar, Advocate (Expert) 08 March 2014
for asny further advise state full facts.

e form (Querist) 09 March 2014
fact is.

A medical officer fake medical certificate issued by Government Hospital

most important in this matter
the doctor is childrens(BHMS) . who was witness in a criminal matter.
how can issued orthopedic problems certificate? bone fracture or etc.

and i want to file case against him, some lawyers saying about in this matter take prior permission of District Magistrate It is mandatory.
one thing in now Doctor is retire.

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