Loge a Police Complaint

Querist : Anonymous (Querist) 18 July 2010 This query is : Resolved

Education Officer appointed by the State
Govt. is a Public Servant one of the duties
for him to perform is granting approval to the proposals within the frame work of law.
An unauthorized person having high political and financial support claiming to be the Secretary of a Trust and/or Society which runs Primary and secondary institutions. The Education Officer has been given prior notice and have cautioned him by the Bonafide Trusts Office bearers whose names are recorded in Schedule - 1 Register maintained with the Assistant Charity Commissioner Office, thereby informed that in the event of any unauthorized person(s) proposals to get approvals should not to be entertained. The Officer blindly approving the proposals to the unauthorized person claiming to be the Secretary of the Society. Therefore, he is performing his duties maliciously - with malafide intention thus helping the unauthorized persons to create documents.

Is it possible to lodge a Complaint to the Police and file criminal case against the officer?

Q. 2 A Change Report and the proceedings thereto is in progress before the Assistant Charity Commissioner. The Education Officer vide his letter addressed to the Assistant Charity Commissioner seeking a direction to the extent to whom he should recognize as the Trustees/office bearers. The Charity Commissioner reply is that the tenure of the trustees whose names are appearing in Schedule-1 is over. The Education officer taking this direction as granted acting upon the proposals of the persons whose status is not determined by any law in as much as the Change Report is opposed by the Objectors who are not less than a dozen.

Is Assistant Charity Commissioner correct in determining the status of the bonafide trustees in the midst of pending the hearing and disposal of the Change Report?

Q. 3. The Deputy Director of Education has given a categorical instructions vide his letter addressed to the Education Officer that he should recognize the Trustees whose names are in Schedule-1.
The Education Officer neglected the instructions of the Deputy Director of Education and acted at his whims.

What legal action can be contemplated against the Assistant Charity Commissioner and against the Educations Officer, jointly responsible to help the unauthorised persons to create recortds?

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V.T.Venkataram (Expert) 19 July 2010
I would suggest you to file a writ of Quo warranto against the Education Officer in the High Court having jurisdiction in the case.

B K Raghavendra Rao (Expert) 19 July 2010
You need to obtain prior permission from the State Government to prosecute any government official. Read section 197 of Cr. P. C.

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