UGENT HELP REQUIRED
Arvind Singh Chauhan
(Querist) 18 January 2011
This query is : Resolved
Sir Please suggest any judgment or law that employee of LIC is not a public servant for the purpose of offence of 332, 353 IPC and police can't file charge sheet if the complainant is LIC employee. One of my client was beaten by LIC staff while he misbehaved with them after finding mess in his deceased father's policy. and later FIR was lodged against him under 332 353 IPC.
I think it is a finance company only and is not doing any public welfare work, what ever LIC does is only for company's benefit. Hence it's employee can not be a public servant. Please help.
Gulshan Tanwar
(Expert) 18 January 2011
Go with the arguments that under s.21 IPC, LIC persons are not public servants, rather they are government servants and hence with this thing you will cleared up.
Also go with Art.12 of the Constitution and tell them LIC is Corporation and is state but all officers are not state and only designated, who draws their power from the Statute can be the Public Servants and other are governed by the other rules provided by the government from time to time.
Further provide me the copy of the arguments etc.. to my mail id and any rectification will be told along with judgments.
Gulshan Tanwar
(Expert) 18 January 2011
Also I will give you my 38 page argument for the same which i have done recently in ACMM Court in 2010 and 2011 respectively.
Amit Minocha
(Expert) 19 January 2011
agree with expert , also send a legal notice to the higher authorities of LIC as well mentioning all mess and policy details, u can in parallel approach to Consumer Court also against LIC
Raj Kumar Makkad
(Expert) 19 January 2011
Arvind! I have tried to find out the required citation but could not found it. I am still searching it through my friends practising in SC and if I succeeded, I shall definitely tell you.
Ajay Bansal
(Expert) 19 January 2011
contact 09729985995.
Arvind Singh Chauhan
(Querist) 19 January 2011
Thanks to all learneds for immidiate help. This time i m out of home and on phone. I require ur help before 24 jan. Plz help. Thanks a lot. I will b back on 22.
Arvind Singh Chauhan
(Querist) 22 January 2011
I am grateful to all learned members and Rakesh Sir for the nice judgment help-
http://www.lawyersclubindia.com/forum/CASE-LAW-REQUIRED-URGENTLY-30349.asp