Complaint on public servant

adv. rajeev ( rajoo ) (Querist) 21 September 2020 This query is : Resolved
Education officer has issued a permission to a school to start the classes knowing that school has violated the Govt., rules. So under what section of IPC and Prevention of Corruption Act private complaint can be filed?

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Quick Summary

This discussion addresses how to file a complaint against a public servant, specifically an education officer who allegedly granted school permission despite rule violations. While direct legal action under IPC or Prevention of Corruption Act is complex, the consensus suggests first escalating the complaint to the officer's higher authority within the education department. If evidence of corruption or criminal intent emerges, further action, including reporting to the police or ACB, may be warranted, but initial steps should focus on departmental procedures.

K Rajasekharan (Expert) 21 September 2020
When an officer violates a statutory provision or issues a certificate in violation of a law in force the right course for an aggrieved person is to file a petition against such officer before his higher authority – such as the Director of Primary Education or Schools.

If on enquiry it is found that some criminal offence or corruption is involved in the matter, then it is the duty of the director to take the matter to the police or criminal court.

If it is a matter of ignorance, negligence or lapse without any malafide intention, it will be dealt by the disciplinary rules of service.

The court is the last agency to attend to such lapses and it should be invoked only when other agencies have no remedial measure to deal with such lapses.

Rajendra K Goyal (Expert) 21 September 2020
Lodge complaint with the department.

If have proofs of corruption file FIR or file through court.

kavksatyanarayana (Expert) 21 September 2020
The permission was given by the DEO as per your query. So a complaint may be made to the Director of School Education of that State. If you have any proof, keep it with you and enclose a copy. When inquiry starts you have to attend with proofs to the inquiry or complain to the ACB of the District concerned.

Isaac Gabriel (Expert) 21 September 2020
Unless full details of violation, it is futile to allege any thing, since it is an organisation of Government

Sudhir Kumar, Advocate (Expert) 22 September 2020
read section 13(1)(d) of Prevention of Corruption Act.

Rajendra K Goyal (Expert) 22 September 2020
Permission to start school is administrative decision, how can it be a criminal corruption. Please clarify the actual situation.